This chapter is established pursuant to the Forest Practices Act, Chapter 76.09 RCW, which provides for the authority and the requirement for Chelan County’s involvement in administration and regulation of forest practices within its jurisdictional boundaries.
(Res. 2007-53 (part), 3/27/07)
This chapter sets forth procedures and review criteria for approval of forest practices on lands intended for conversion to other uses and for review of conversion option harvest plans (COHPs). This chapter also establishes a process for implementing and removal of development moratoria, in accordance with Chapter 76.09 RCW, on properties where conversion to other uses would be in violation of adopted forest practices requirements or where forest practices have occurred in violation of such requirements.
(Res. 2007-53 (part), 3/27/07)
In addition to the following definitions, this chapter shall rely upon existing definitions contained in the Chelan County development standards resolution, Chapter 15.30, the Washington State Forest Practices Act (Chapter 76.09 RCW), the Rules for the Washington State Forest Practices Act (Chapter 222-16 WAC), and the Chelan county zoning resolution definitions in Chapter 14.98, Definitions.
“Applicant”
means the person, party, firm, corporation, legal entity, or agent thereof that proposes a forest practice on property in Chelan County for the property owner, or makes application for lifting, waiving, or rescinding development moratoria placed on property in Chelan County pursuant to Chapter 76.09 RCW.
Classes of Forest Practices.
The four classifications of forest practices activities are described in WAC 222-16-050 and RCW 76.09.050. The class of forest practice is determined by considering several factors including but not limited to the type of activity proposed (e.g., harvesting, thinning), its scale, the affected environment, and future use of the site. The descriptions of the classes of forest practices paraphrased below are intended to summarize the classifications and do not supersede the specific definitions described in Chapter 222-16 WAC and Chapter 76.09 RCW:
(A) 
“Class I”
are those forest practices that have been determined to have no direct potential for damaging a public resource. Examples of Class I forest practices include the culture and harvest of Christmas trees and seedlings; tree planting and seeding; and cutting and/or removal of less than five thousand board feet of timber for personal use (e.g., firewood, fence post) in any consecutive twelve-month period. Class I forest practices may be conducted without submitting an application or a notification to Chelan County, except that when Class I forest practices involve timber harvesting or road construction within “urban growth areas” designated pursuant to Chapter 36.70A RCW, they are processed as Class IV forest practices. These forest practices are not subject to environmental review under Chapter 43.21C RCW.
(B) 
“Class II”
are those forest practices which have less than an ordinary potential for damaging a public resource. Examples of Class II forest practices include, with certain exclusions, the construction of advance fire trails; salvage of logging residue; partial cutting of five thousand board feet per acre or less; and timber harvests of less than forty acres. Class II forest practices require notification to the DNR prior to being conducted. Property logged pursuant to a Class II permit must be reforested and is intended to remain in timber production. Class II shall not include forest practices:
(i) 
On lands platted after January 1, 1960, as provided in Chapter 58.17 RCW or on lands that have or are being converted to another use;
(ii) 
Which require approvals under the provisions of the Hydraulics Act, RCW 75.20.100;
(iii) 
Within “shorelines of the state” as defined in RCW 90.58.030;
(iv) 
Excluded from Class II by the state forestry board; or
(v) 
Which involve timber harvesting or road construction within “urban growth areas” designated pursuant to Chapter 36.70A RCW, which are processed as Class IV.
(C) 
“Class III”
are those forest practices not listed under Class I, II, and IV. Class III forest practices require permit approval by the DNR. Property logged pursuant to a Class III permit must be reforested and is intended to remain in timber production.
(D) 
“Class IV”
forest practices are divided into two categories as follows:
(i) 
“Class IV – General”
are those forest practices, unless listed as Class IV – Special, occurring on lands within UGAs; and forest practices (other than those in Class I) on lands platted after January 1, 1960, or on lands which are being converted to a use other than commercial timber production. Examples of Class IV – General forest practices include harvest of timber and conversion of land to agricultural, residential or commercial uses. Reforestation is not required under a Class IV – General forest practices permit as the property subject to the permit is being converted to a nonforestry use.
(ii) 
“Class IV – Special”
are those forest practices which have the potential to result in a substantial impact to the environment and require an environmental checklist in compliance with the State Environmental Policy Act (SEPA). Examples of Class IV – Special forest practices include forest practices conducted on lands designated as critical wildlife habitat for threatened or endangered wildlife species; timber harvest, road construction, aerial application of pesticides and site preparation in national, state, or local parks; and forest practices involving the filling or draining of more than 0.5 acres of wetland.
“Comprehensive plan”
means the current comprehensive plan for Chelan County.
“Conversion option harvest plan (COHP)”
means a voluntary plan approved by Chelan County indicating the limits of harvest areas, road locations, and open space. An approved COHP gives a landowner the ability to harvest timber on a site, while maintaining the option to convert lands to a nonforest production use in the future. A six-year moratorium shall not be imposed on a site that meets the conditions of an approved COHP.
“Critical areas”
include the following areas and ecosystems as regulated under Title 11 of the Chelan County Code:
(A) 
Wetlands;
(B) 
Areas with a critical recharging effect on aquifers used for potable water;
(C) 
Fish and wildlife habitat conservation areas;
(D) 
Frequently flooded areas; and
(E) 
Geologically hazardous areas.
“Diseased tree”
means a tree that in the opinion of the director or an assigned expert approved by Chelan County (such as, but not limited to, a professional forester or landscape architect) has a strong likelihood of infecting other trees or brush in the area or becoming a hazard as a result of the disease.
“Forest land”
means all land which is capable of supporting a merchantable stand of timber and is not actively used for a use which is incompatible with timber growing. Forest land does not include agricultural land that is or was enrolled in the conservation enhancement program by contract if such agricultural land was historically used for agricultural purposes and the landowner intends to use the land for agricultural purposes in the future.
“Forest practices”
means any activity conducted on or directly pertaining to forest land and relating to growing, harvesting, or processing timber, including but not limited to:
(A) 
Road and trail construction;
(B) 
Harvesting, final and intermediate;
(C) 
Precommercial thinning;
(D) 
Reforestation;
(E) 
Fertilization;
(F) 
Prevention and suppression of diseases and insects;
(G) 
Salvage of trees; and
(H) 
Brush control.
“Forest practices”
shall not include preparatory work such as tree marking, surveying and road flagging, and removal or harvesting of incidental vegetation from forest lands such as berries, ferns, greenery, mistletoe, herbs, mushrooms, and other products which cannot normally be expected to result in damage to forest soils, timber, or public resources.
“Forest practices application or notification”
means the application or notification required to be submitted to the Washington State Department of Natural Resources for the conduct of forest practices or to Chelan County for forest conversions, generally, and, within urban growth areas, the harvesting of timber and road building.
“Hazard tree”
means any tree which, in the opinion of the director or an expert approved by Chelan County (such as, but not limited to, a professional forester or landscape architect), has a strong likelihood of causing a hazard to life or property.
“Moratorium, development”
means the act of imposing a development moratorium pursuant to Section 15.70.100, whereby the county 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. Development moratoria are used to ensure that the provisions of this chapter and the Forest Practices Act are followed.
“Moratorium, notice of”
means the document used by the Department of Natural Resources to obtain the landowner’s signature acknowledging the intent not to convert to nonforestry uses as prescribed in the Washington State Forest Practices Act.
“Professional forester”
means a person with academic and field experience in forestry or urban forestry. This may include arborists certified by the International Society of Arboriculture, foresters with a degree in forestry from a Society of American Foresters (SAF) accredited forestry school, members of the Washington Association of Consulting Foresters, or urban foresters with a degree in urban forestry.
(Res. 2007-53 (part), 3/27/07)
(1) 
This title applies to all lands within unincorporated Chelan County. Unless the requirements of this title are met, Chelan County shall not grant any approval or permission to alter the condition of any land or vegetation or to construct any structure or improvement regulated through the following: building permit, commercial or residential; binding site plan; site development permit; short plat and subdivision; major subdivision; conditional and administrative use permit; planned unit development overlay district; forest practices approval pursuant to Chapter 76.09 RCW; or any subsequently adopted permit or required approval not expressly exempted by this title.
(2) 
Forest practices subject to review under this chapter include:
(A) 
All Class I and Class II forest practices involving timber harvesting or road construction within a designated urban growth area (UGA). Such forest practices are processed as Class IV forest practices;
(B) 
Class I forest practices outside UGAs which are associated with lands platted after January 1, 1960, or lands which have been or are in the process of being converted to a nonforestry use;
(C) 
All Class II, III, and IV – Special forest practices where the landowner elects processing as a conversion option harvest plan (COHP);
(D) 
All Class IV – General and Special conversion forest practices; and
(E) 
Imposition and removal of development moratoria pursuant to RCW 76.09.060.
(Res. 2007-53 (part), 3/27/07)
(1) 
The following activities are exempted from the provisions of this title:
(A) 
Class I and Class II forest practices located outside of UGAs.
(B) 
Class I and Class II forest practices located within UGAs that do not involve road construction or timber harvesting.
(C) 
Forest practices on lands in a UGA where the landowner submits a ten-year statement of nonconversion to the Department of Natural Resources (reforestation agreement together with either an acceptable ten-year forest management plan or proof that the land is currently enrolled in current use assessment – timber lands, under the provisions of Chapter 84.33 RCW.
(D) 
The removal of less than five thousand board feet of timber (including live, dead, and down material) for personal use in any twelve-month period.
(E) 
The culture and harvest of Christmas trees.
(F) 
The abatement of an emergency (e.g., removal of diseased or dangerous trees or fire control and suppression).
(G) 
Landscape maintenance or pruning which does not impair the health or survival of trees required to be retained or planted under the authority of this chapter.
(H) 
Removal of trees on behalf of and with the approval of the Chelan County public works director for maintenance of public roads and facilities.
(I) 
Commercial nurseries and Christmas tree farms including the removal of trees which have been grown to be sold as Christmas trees or used in landscaping.
(J) 
Forest activity requiring a forest practices application located within an urban growth area pursuant to RCW 36.70A.110 shall be governed by the local critical areas ordinances.
(2) 
Although a forest practice permit is not required, exempt forest practices must still comply with all applicable requirements of the Chelan County Code including Title 11, Zoning, including critical areas, and the Shoreline Master Program of Chelan County.
(Res. 2007-53 (part), 3/27/07)
Fees for applications filed pursuant to this title are set forth in the current Chelan County community development fee schedule.
(Res. 2007-53 (part), 3/27/07)
(1) 
Approvals Required. An approval pursuant to this title must be obtained from Chelan County for the following:
(A) 
Forest Practices Approvals.
(i) 
Class I and Class II Forest Practices. Class I and Class II forest practices not exempt from this chapter pursuant to Section 15.70.050(1) shall require a forest practices permit from Chelan County and shall be processed as a Class IV forest practice. These forest practices shall be reviewed utilizing the procedures set forth in Section 15.70.090, except that these forest practices shall not be subject to environmental review under Chapter 43.21C RCW (State Environmental Policy).
(ii) 
Class IV – General Forest Practices. An approved forest practices permit shall be obtained from Chelan County prior to conducting nonexempt forest practices.
(iii) 
Class IV – Special Forest Practices. As determined by DNR, Chelan County may be the lead agency for SEPA action, and the Department of Natural Resources would act as lead on the approval of the forest practices application.
(iv) 
Conversion Option Harvest Plan (COHP). A COHP approval from Chelan County shall be required for all Class II, III, and IV – Special nonconversion forest practices outside UGAs where the landowner desires to maintain the option for conversion to a use other than commercial timber operation. A COHP, when approved by Chelan County and followed by the landowner, allows the landowner to avoid the imposition of a six-year development moratorium.
(B) 
Request for Removal of Development Moratorium. An approved request for removal of development moratorium, pursuant to Section 15.70.100(5), shall be required prior to the approval of any development permits by Chelan County for land which is subject to a development moratorium except for the construction of one single-family residence, pursuant to Section 15.70.100(6).
(C) 
Request for Single-Family Dwelling Moratorium Waiver. An approved request for single-family dwelling waiver pursuant to Section 15.70.100(6) shall be required prior to the construction of a single-family residence or related improvements on land which is subject to a development moratorium.
(2) 
Application Requirements.
(A) 
Preapplication Meetings. The provisions for a preapplication meeting for review of any application filed pursuant to this chapter are set forth in Section 14.08.010. Such review is optional, upon request of the applicant, for applications filed under this section.
(B) 
Application Filing. An application shall be required for all approvals pursuant to this chapter in accordance with the provisions of Title 14. Class IV – General (conversion) applications shall be filed and considered concurrently with a development proposal for the affected property.
(C) 
Application Site Plan. All preapplications and applications shall include a site plan of the proposal that includes the following, if applicable:
(i) 
Drafted at a scale no smaller than one inch equals two hundred feet;
(ii) 
The scale shall be shown on the drawing;
(iii) 
Harvest boundaries and tree retention areas;
(iv) 
North arrow;
(v) 
The approximate location of any existing structures;
(vi) 
The location of all existing and proposed streets, rights-of-way, easements, skid roads, haul roads, and landings within the proposal;
(vii) 
The location of future land development, including storm water management facilities, and vegetation to be retained for site landscaping, open space, wild-life habitat, screening, and/or buffers;
(viii) 
Site topography at a contour interval of twenty feet, or ten feet if available;
(ix) 
Critical areas and critical area buffers;
(x) 
Drainage ways and culverts;
(xi) 
Site area targeted for further harvest including proposed timing; and
(xii) 
A vicinity map that includes all contiguous ownership.
(D) 
Field Marking of Site Features. At the time of submittal of any application required pursuant to this chapter, the following features shall be clearly marked at the site with flagging or colored paint by the applicant:
(i) 
Critical areas and critical area buffers;
(ii) 
Centerline of all proposed roads;
(iii) 
Landing areas;
(iv) 
Tree retention areas and “leave” trees; and
(v) 
Cutting boundaries.
(3) 
Review.
(A) 
Application Review. The department shall conduct an application review of any application in accordance with the provisions outlined in Chapter 14.08 of the Chelan County Code.
(B) 
Review Responsibilities.
(i) 
The director is responsible for administration, circulation, and review of an application filed for Class IV – General permits, COHPs, and single-family dwelling moratorium waivers.
(ii) 
The hearing examiner shall be the decision authority for requests to remove a development moratorium and administrative appeals.
(iii) 
Other county departments, other jurisdictions and state agencies, as determined by the department, may review an application and forward its respective recommendation to the director or examiner as appropriate.
(C) 
Compliance with Other Codes and Policies. An application filed pursuant to this chapter shall also comply with all applicable adopted policies and the Chelan County Code, as now existing or hereafter amended, including but not limited to:
(i) 
Chelan County comprehensive plan;
(ii) 
Shoreline master program for Chelan County;
(iii) 
Title 11, Zoning;
(iv) 
Title 12, Land Divisions;
(v) 
Title 14, Development Permit Procedures and Administration; and
(vi) 
Title 15, Development Standards.
(Res. 2007-53 (part), 3/27/07)
(1) 
General. Forest practices subject to this chapter shall be subject to the standards of WAC Title 222 except as modified or supplemented by Chelan County critical area regulations as found in Title 11, Zoning. In the event of inconsistency between applicable federal, state and local regulations, provisions that afford the greatest critical area protection shall apply.
(2) 
Time Limitations.
(A) 
Expiration of Approval.
(i) 
Class IV – General permit shall be valid for two consecutive years following the date of issuance unless a different time limit has been established through an associated development permit approval, as may be requested by the land owner. Expiration of the Class IV – General permit shall be the same as the expiration date of the approved development permit.
(ii) 
A COHP shall be valid for a period of ten years from the date of county approval.
(B) 
Time Period for Final Decision. The provisions for issuing a notice of final decision on any application filed pursuant to this chapter are set forth in Title 14, Development Permit Procedures and Administration.
(3) 
Development Applications. Development applications submitted with or subsequent to a forest practices application are subject to all applicable Chelan County development standards.
(Res. 2007-53 (part), 3/27/07)
This chapter provides the general requirements and establishes a review process pursuant to Title 14, Development Permit Procedures and Administration, with review criteria, and necessary findings for Class IV – General forest practices permits and COHPs. Compliance with an approved Class IV – General permit or COHP releases the landowner from the six-year moratorium.
(1) 
Class IV – General Forest Practices Permits. An approved Class IV – General permit provides the land-owner the ability to harvest timber and to convert a site to a use other than commercial forest production.
(A) 
General Requirements.
(i) 
A Class IV – General permit shall be submitted concurrent with an application for a development permit, if one is required, and prior to conducting forest practices on the project site.
(ii) 
A Class IV – General permit approval will not be granted until any pending development applications associated with the site have been approved.
(iii) 
All Class IV – General permit applications shall describe the harvest method, including type of equipment to be used and the expected dates of commencement and completion of all harvest activity.
(iv) 
All Class IV – General permit applications shall declare the type, extent, and schedule of future development plans.
(v) 
Land that is to be converted to nonforestry uses shall be withdrawn from current use designation under the provisions of Chapters 84.33 and 84.34 RCW prior to issuance of county land use approvals for nonforestry uses, unless the conversion is to a use permitted under a current use tax agreement permitted under Chapter 84.34 RCW.
(vi) 
When an application to harvest signed by the landowner indicates that, within three years after completion, the forest land will be converted to a specified active use which is incompatible with timber growing, reforestation requirements of Chapter 222-34 WAC shall not apply. If the specified active use is not initiated within three years such reforestation requirements shall apply.
(B) 
Review Criteria.
(i) 
Class IV – General forest practices shall comply with all applicable titles of the Chelan County Code and policies as set forth in Section 15.70.070 and the conditions of approval established through the associated development permit, or approved COHP.
(ii) 
Applications for Class IV – General forest practices will be consistent with the application requirements outlined in Section 15.70.070 and comply with the standards in Section 15.70.080.
(C) 
Approval Authority.
(i) 
The director shall review all applications for Class IV – General forest practices, any comments received, and applicable regulations or policies and shall inspect the property prior to rendering a decision.
(ii) 
The director may approve an application for a Class IV – General forest practices permit, approve the application with conditions, require modification of the proposal to comply with specified requirements or local conditions, or deny the application if it fails to comply with requirements of this chapter.
(D) 
Determinations. The director shall approve Class IV – General permits if the application is consistent with this chapter including the standards referenced in Section 15.70.080.
(2) 
Conversion Option Harvest Plans (COHPs). For Class II, Class III, and Class IV – Special forest practices, an approved conversion option harvest plan (COHP) provides the landowner the ability to manage and harvest timber prior to application for a development permit while maintaining an option to convert lands to a nonforestry use. This plan, if approved by Chelan County, and followed by the landowner, shall release the landowner from the six-year moratorium on future development, but does not create any other rights.
(A) 
General Requirements.
(i) 
A COHP shall be submitted to the director of the community development department pursuant to WAC 222-20-050, and shall include:
(a) 
A narrative description of the objectives of the timber harvest; relationship of the harvest to future development of the site and built and natural features present at the site; measures to be taken to preserve and protect critical areas; harvest method including type of equipment to be used; and the expected dates of commencement and completion of all harvest activity.
(b) 
A conceptual layout of a probable future site development, drawn to scale, based on the existing zoning and physical limitations of the property, including likely building areas, roads, driveways, septic system areas and lot lines.
(ii) 
The COHP shall be submitted prior to application for development and/or conducting forest practices on the project site.
(iii) 
Upon approval the county shall record the COHP with the Chelan County auditor. The recorded COHP shall include the expiration date of the COHP (ten years from the date of approval).
(iv) 
The COHP shall be approved by the director of community development prior to application or notification to the DNR for the required Class II, Class III, or Class IV – Special forest practice.
(v) 
The approval of a COHP shall not release a landowner from the requirement to reforest a site pursuant to Chapter 222-34 WAC.
(B) 
Review Criteria.
(i) 
COHP approvals shall require compliance with all applicable titles of the Chelan County Code and policies as set forth in Section 15.70.070.
(ii) 
Applications for COHP approval will be consistent with the application requirements outlined in Section 15.70.070 and comply with the standards in Section 15.70.080.
(C) 
Approval Authority.
(i) 
The director shall review all requests for approval of COHP applications, any comments received, and applicable county regulations or policies and shall inspect the property prior to rendering a decision.
(ii) 
The director may approve an application for a COHP, approve the application with conditions, require modification of the proposal to comply with specified requirements or local conditions, or deny the application if it fails to comply with requirements of this chapter.
(D) 
Determinations. The director shall approve the COHP if the application is consistent with this chapter including the standards referenced in Section 15.70.080.
(E) 
Reforestation. Reforestation regulations shall apply at the completion of the harvest operation in accordance with standards in Chapter 222-34 WAC.
(F) 
Vesting. Residential plat applications submitted within ten years following COHP approval shall be subject to local land development codes in effect on the date of COHP approval, except that subsequently enacted critical areas ordinance amendments related to recovery of threatened or endangered fish and/or designated habitat area shall apply.
(G) 
Recorded Notice. A document shall be recorded with the Chelan County auditor giving notice of the conversion option harvest plan and approval conditions with the protective measures relating to the conversion. This notice shall be binding upon the landowner and successors in interest for a period of ten years from the date of timber harvest.
(Res. 2007-53 (part), 3/27/07)
This chapter provides the criteria for establishing development moratoria. This chapter also provides standards for the hearing examiner to remove a six-year development moratorium, standards for the director to waive a moratorium for construction of a single-family dwelling, and standards for rescission of a development moratorium.
(1) 
General Requirements. All development moratoria established pursuant to this chapter shall be mandatory. Development applications and project construction for any development activity shall be prohibited for a term of six years on a site subject to a moratorium, unless relief is granted under subsection (5) of this section.
(2) 
Actions Resulting in a Development Moratorium. The following actions shall result in a six-year development moratorium being imposed:
(A) 
When harvesting takes place without the required forest practices application.
(B) 
The approval or notification by the Department of Natural Resources of a Class II, III, or IV – Special forest practices permit that does not have an associated COHP approval.
(C) 
The violation of the approved provisions of a COHP or a Class IV – General forest practices permit.
(D) 
Chelan County shall notify the appropriate state agency if a forest practices activity that meets the definition of a Class II, III, or IV – Special forest practice has been initiated on a parcel without an approved forest practices application or notification.
(3) 
Consequences of a Development Moratorium. Development moratoria will be recorded with the Chelan County auditor. All development moratoria recorded by Chelan County shall apply to that portion of the site described on the notice of moratorium under “Legal Description of the Forest Practice Operation” and will result in the following actions:
(A) 
Chelan County shall terminate review of any application for development of land that is, or becomes, subject to a six-year development moratorium. A new application shall be required for development of the site after the six-year moratorium expires.
(B) 
Chelan County shall not accept applications for any development of land that is subject to a six-year moratorium during the moratorium period.
(C) 
Prior to acceptance of any development permit application by the county the property owner shall be required to submit a Class IV – General permit application on land that was cleared without a required forest practices application or notification, without an approved COHP, or in violation of a Class II, Class III, or Class IV – Special permit.
(4) 
Effective Date of a Moratorium.
(A) 
The six-year development moratorium shall be imposed from the effective date of a Class II, Class III, and Class IV – Special forest practices permit.
(B) 
When a forest practice occurs on a site without the appropriate permit, a six-year development moratorium shall be recorded from the date the unpermitted forest practices were documented by Chelan County or the Department of Natural Resources.
(C) 
If a site is subject to an approved Class II, III, or IV – Special forest practices permit, with or without a COHP, forest practices occurring at the site which are outside the scope of the approved permit shall be considered unpermitted forest practices for moratorium purposes. In these cases, a six-year development moratorium shall be imposed from the date the unpermitted forest practices were documented by Chelan County or the Department of Natural Resources.
(D) 
When any conditions of a COHP approval are significantly violated, a six-year development moratorium shall be recorded from the date the associated forest practice approval became effective.
(5) 
Request for Lifting of Development Moratorium. Any property owner subject to a development moratorium may request a release from the six-year moratorium by filing a completed “Release from Moratorium Application.” The hearing examiner may lift any development moratorium established pursuant to this section when the following requirements are met.
(A) 
Public Hearing Required.
(i) 
The planning director shall set a date for public hearing before the hearing examiner for lifting a development moratorium after all the requests for additional information or plan corrections have been satisfied.
(ii) 
The public hearing shall follow the procedures set forth in Chapter 14.10, Application Review.
(B) 
Review Criteria. The examiner shall consider the lifting of a development moratorium established pursuant to this chapter when the following criteria are met:
(i) 
The person requesting the release did not attempt to avoid the county review or the requirements of a forest practice conversion application;
(ii) 
The forest practices conducted on the site meet the standards set forth in Section 15.70.080;
(iii) 
Critical areas or critical area buffers have not been damaged or damage to critical areas or critical area buffers can be repaired with restoration; and
(iv) 
Corrective actions are implemented which would bring the forest practices into compliance with this chapter.
(C) 
Approval.
(i) 
The hearing examiner shall review all requests for removal of a development moratorium, any comments received, and applicable county regulations or policies and may inspect the property prior to rendering a decision.
(ii) 
The hearing examiner may approve an application for a request to remove a development moratorium, approve the application with conditions, including corrective actions to restore any damage to critical areas or critical area buffers, require modification of the proposal to comply with specified requirements or local conditions, or deny the application if it fails to comply with requirements of this chapter.
(D) 
Determinations. The examiner shall approve removal of a development moratorium if the application meets the review and approval criteria in subsections (5)(B) and (C) of this section.
(6) 
Request for Single-Family Dwelling Moratorium Waiver. The director shall waive the six-year moratorium solely for construction of one single-family residence or related accessory buildings or both on a legal lot and building site under the following conditions:
(A) 
The parcel is a legal lot of record.
(B) 
The building site area intended as developed property shall not exceed two acres in size.
(C) 
The construction activity is consistent with the provisions of all applicable Chelan County codes including but not limited to Title 11, Zoning, and the shoreline master program.
(D) 
The harvest was conducted under, and consistent with, an approved forest practices permit in compliance with the State Forest Practices Act.
(E) 
A binding written commitment submitted to and approved by the county, and recorded by the applicant with the county auditor, so as to run with the land, which:
(i) 
Contains a site plan depicting the building site area, any critical areas within the building site area, and access roads; and
(ii) 
Commits the applicant to complete the reforestation in accordance with applicable forest practices reforestation requirements for areas other than the building site area.
(F) 
The development moratorium shall remain in effect for all other nonforestry uses of the site that are subject to county determination.
(7) 
Rescission of Development Moratorium. Upon request of the property owner a development moratorium may be rescinded by the director if an approved forest practices application has either been withdrawn or expired, and no subsequent timber harvest has taken place.
(Res. 2007-53 (part), 3/27/07)
If any provision of this chapter is held invalid, the remainder of this chapter or the application of the provision to other persons or circumstances shall not be affected.
(Res. 2007-53 (part), 3/27/07)