Except as specifically provided in FMC § 14.15.090, no regulated activity shall occur or be permitted to occur within a regulated wetland or wetland buffer without a written permit from the planning director. Any alteration approved by such written permit shall comply fully with the requirements and purposes of this chapter, other applicable regulations, and any terms or conditions of said permit. All activities which are not allowed or permitted shall be prohibited.
(Ord. 341 § 6.1, 1992)
(1) 
Application for a wetland permit to conduct any regulated activity not specifically authorized by FMC § 14.15.090 within a wetland or wetland buffer shall be made to the planning director on forms furnished by that office. Permits shall normally be valid for a period of three years from the date of issue and shall expire at the end of that time, unless a longer or shorter period is specified by the planning director upon issuance of the permit.
(2) 
An extension of an original permit may be granted upon written request to the planning director by the original permit holder or the successor in title. Prior to the granting of an extension, the planning director shall require updated studies and/or additional hearings if, in his judgment, the original intent of the permit is altered or enlarged by the renewal, if the circumstances relevant to the review and issuance of the original permit have changed substantially, or if the applicant failed to abide by the terms of the original permit.
(Ord. 341 § 6.2, 1992)
(1) 
Request for Determination of Applicability. Any person seeking to determine whether a proposed activity or an area is subject to this chapter may request in writing a determination from the planning director. Such a request for determination shall contain plans, data, and other information as may be specified by the planning director.
(2) 
Pre-Permit Consultations. Any person intending to apply for a wetland permit is strongly encouraged, but not required, to meet with the planning director during the earliest possible stages of project planning in order to discuss wetland impact avoidance and minimization and compensation before large commitments have been made to a particular design. Effort put into re-application consultations and planning will help applicants create projects which will be more quickly and easily processed.
(3) 
Information Requirements. Application for a wetland permit under this chapter shall include one or more of the following information requirements upon demand by the planning director:
(a) 
A description and maps overlaid on an aerial photograph at a scale no smaller than one inch equals 200 feet, showing the entire parcel of land owned by the applicant and the exact boundary pursuant to FMC § 14.15.070 of the wetland on the parcel;
(b) 
A description of the vegetative cover of the wetland and adjacent area, including dominant species;
(c) 
A site plan for the proposed activity overlaid on an aerial photograph at a scale no smaller than one inch equals 200 feet, showing the location, width, depth, and length of all existing and proposed structures, roads, sewage treatment, and installations within the wetland and its buffer;
(d) 
The exact location sites and specifications for all regulated activities, including the amounts and methods;
(e) 
Elevations of the site and adjacent lands within the wetland and its buffer at contour intervals of no greater than five feet;
(f) 
Top view and typical cross-section views of the wetland and its buffer to scale;
(g) 
The purposes of the project and an explanation why the proposed activity cannot be located at other sites, including an explanation of how the proposed activity is dependant upon wetlands or water-related resources as described in FMC § 14.15.160;
(h) 
Specific means to mitigate any potential adverse environmental impacts of the applicant’s proposal; and
(i) 
Classification of any on-site wetlands pursuant to the classification system of FMC § 14.15.080 and written justification for said classification.
The planning director may require additional information, including but not limited to an assessment of the wetland functional characteristics, including a discussion of the methodology used; documentation of the ecological, aesthetic, economic, or other values of a wetland, a study of flood, erosion or other hazards at the site and the effect of any protective measures that might be taken to reduce such hazards, and any other information deemed necessary to verify compliance with the provisions of this chapter or to evaluate the proposed use in terms of the purposes of this chapter. The planning director shall maintain and make available to the public all information applicable to any wetland and its buffer.
(4) 
Filing Fees. At the time of an application the applicant shall pay a filing fee as determined by the planning director. Sufficient fees shall be charged to the applicant to cover the costs of evaluation of the application or request for delineation. These fees may be used by the planning director to retain expert consultants to provide services pertaining to wetland boundary determinations, functional assessments, and evaluation of mitigation measures. As deemed necessary by the planning director, the planning director may assess additional reasonable fees as needed to monitor and evaluate permit compliance and mitigation measures.
(5) 
Notice on Title.
(a) 
The owner of any property with field verified presence of wetland or wetland buffer pursuant to FMC § 14.15.070, on which a development proposal is submitted shall file for record with the appropriate records division a notice approved by the planning director in a form substantially as set forth in subsection (5)(b) of this section. Such notice shall provide notice in the public record of the presence of wetland or wetland buffer, the application of this chapter to the property, and that limitations on actions in or affecting such wetlands and their buffers may exist.
The applicant shall submit proof that the notice has been filed for record before the city of Forks shall approve any development proposal for such site. The notice shall run with the land and failure to provide such notice to any purchaser prior to transferring any interest in the property shall be in violation of this chapter.
(b) 
Form of Notice.
WETLAND AND/OR WETLAND BUFFER NOTICE
Legal Description:
Present Owner:
NOTICE: This property contains wetlands or their buffers as defined by the city of Forks Ordinance. The property was the subject of a development proposal for (type of permit) application #__________ filed on (date). Restrictions on use or alteration of the wetlands or their buffers may exist due to natural conditions of the property and resulting regulations. Review of such application has provided information on the location of wetlands or wetland buffers and restrictions on their use through setback areas.
(Signature of Owner)
STATE OF WASHINGTON
)
 
)
SS:
COUNTY OF CLALLAM
)
 
On this day personally appeared before me to me known to be the individual(s) described in and who executed the within and foregoing instrument and acknowledged that they signed the same as their free and voluntary act and deed for the sues and purposes therein stated.
Given under my hand and official seal this __________ day of __________, 19_____.
__________
NOTARY PUBLIC in and for the State of Washington, residing at __________.
(Ord. 341 § 6.3, 1992)
(1) 
Consolidation. The planning director shall, to the extent practicable and feasible, consolidate the processing of wetlands related aspects of other city of Forks regulatory programs which affect activities in wetlands.
(2) 
Completeness of Application. No later than 10 working days after receipt of the permit application, the planning director shall notify the applicant as to the completeness of the application. An application shall not be deemed complete until and unless all information necessary to evaluate the proposed activity, its impacts, and its compliance with the provisions of this chapter have been provided to the satisfaction of the planning director.
(3) 
Public Hearings. Following the submittal of an application determined to be complete by the planning director, the planning director or city council shall hold a public hearing on the application, unless the planning director finds that the activity is so minor as to not affect a wetland or wetland buffer. The planning director or the city council may, to the extent that the proposed activity impacts the benefits of the wetlands extending to others, require the applicant to comply with one or more of the following notice provisions, to be complied with at least 15 days prior to the date of hearing:
(a) 
Publish a notice of the hearing at least once a week on the same day of the week for two consecutive weeks in a newspaper having a general circulation in the city of Forks;
(b) 
Give notice to the latest recorded real property owners as shown by the records of the county assessor within at least 300 feet of the boundary of the property upon which the regulated activity is proposed; and
(c) 
Post a notice at the proposed site of activity and at public places of assembly near the site of the proposed activity.
The notices shall include a brief description of the project, including the location, notice of the time and place of the hearing, notice that the file regarding the permit application is available for public inspection during regular business hours, comments prior to the hearing, and attendance and oral testimony by concerned parties at the hearing.
All hearings shall be open to the public. A record of the hearings shall be made. Any person may present evidence and testimony at the hearing. At the hearing the applicant has the burden of demonstrating that the proposed activity will be in accordance with the purposes of this chapter and the standards set forth below.
(4) 
Permit Action. The Forks city council shall approve, approve with conditions, or deny a permit application within 30 working days of the public hearing, except that where additional information is required by the Forks city council, it may extend this period by 60 days. In acting on the application, the Forks city council shall in writing deny, permit, or conditionally permit the proposed activity. If a decision must be made in a 90-day period and there is insufficient information or time to process the application, a denial will be issued.
(Ord. 341 § 6.4, 1992)
(1) 
Evaluate wetlands between 1,000 and 4,000 square feet, using Ecology’s Wetland Rating System for Western Washington (2004), to establish category and evaluate functions. Use the following criteria and local knowledge of natural resources to make an informed decision about whether to exempt wetlands between 1,000 and 4,000 square feet from the requirement to avoid impacts.
(a) 
The requirement to avoid impacts may be dropped for Category III and IV wetlands between 1,000 and 4,000 square feet that meet all of the following criteria:
(i) 
Wetland is not associated with a riparian corridor; and
(ii) 
Wetland is not part of a wetland mosaic; and
(iii) 
Wetland does not score 20 points or more for habitat in the wetland rating system; and
(iv) 
Wetland does not contain habitat identified as essential for local populations of priority species identified by Washington Department of Fish and Wildlife.
Where there is a desire to place high priority on water quality functions, add a criterion that includes wetlands that score 24 points or more for water quality function in the rating system. Such wetlands receive surface water drainage from the surrounding landscape and improve water quality before discharging water to downstream water bodies. This approach could include specific drainages where protection of water quality is given higher priority and there are significant wetland resources that provide high levels of this function.
(b) 
Impacts allowed under this provision to these wetlands will be fully mitigated as required in FMC § 14.15.175, Mitigation requirements.
The rationale for dropping the requirement to avoid impacts for certain wetlands is based on the premise that functions provided by these Category III and IV wetlands can be adequately replaced by mitigation. This approach may benefit local wetland resources by providing part of the funding through a fee-in-lieu system for larger local restoration projects that could provide higher functioning wetlands in the long term.
(c) 
All Category I and II wetlands between 1,000 and 4,000 square feet should be evaluated with full mitigation sequencing and buffer establishment. Any approved impacts should be adequately compensated by mitigation.
(2) 
Wetlands larger than 4,000 square feet will be evaluated using standard procedures for wetland review found elsewhere in this chapter.
(Ord. 550 § 8, 2007)