This chapter classifies and designates critical areas in the city of Forks and establishes regulations for the protection of critical areas. The city of Forks shall not grant any permit, license or other development approval to alter the condition of any land, water or vegetation, or to construct or alter any structure or improvement, nor shall any person alter the condition of any land, water or vegetation, or construct or alter any structure or improvement, for any development proposal regulated by this chapter, except in compliance with the provisions of this chapter. Failure to comply with the provisions of this chapter shall be considered a violation and subject to enforcement procedures as provided for in this chapter.
(Ord. 342 § 305, 1992)
No development activity regulated by this chapter shall proceed without first obtaining a written certificate of compliance or critical area permit (special or conditional use) by the review authority (see definition at FMC § 14.20.390). For development proposals requiring a permit or approval from the city of Forks under other provisions of the Forks Municipal Code, a finding of fact or conclusion of law demonstrating consistency with this chapter may satisfy this provision. A certificate of compliance may include conditions to ensure consistency with this chapter or denial of some or all parts of a development proposal to ensure consistency. Authorization to undertake regulated activities pursuant to this chapter shall normally be valid for a period of three years from the date of issue unless a longer or shorter period is specified by the review authority upon issuance of a permit. A one-time extension of the authorization may be granted by the administrator for a period not exceeding one year.
(Ord. 342 § 310, 1992)
Notwithstanding any other contrary provisions in this chapter, development activities categorically exempt from State Environmental Policy Act threshold determinations under the terms of Chapter 14.10 FMC shall not involve review authority review. The administrator shall substitute for the review authority for all matters requiring review under this chapter, except that the review section, FMC § 14.20.650, shall remain unchanged.
(Ord. 342 § 315, 1992; Ord. 355 § 1, 1993)
The following developments are exempt from the filing of special reports or permits required by this chapter. Exempted developments authorized by the city of Forks shall otherwise be consistent with the policies and provisions of this chapter and shall require prior written approval from the city of Forks.
(1) 
Emergencies that threaten the public health, safety and welfare. An “emergency” is an unanticipated and imminent threat to public health, safety, or the environment which requires immediate action within a time too short to allow full compliance with this chapter.
(2) 
Agricultural activities in existence on the date this chapter becomes effective; provided, that such activities shall not involve the conversion of any Class I or II aquatic habitat conservation areas not currently under agricultural use.
(3) 
Normal and routine maintenance and operation of existing irrigation and drainage ditches, farm ponds, fish ponds, manure lagoons, and live-stock water ponds.
(4) 
Normal and routine maintenance or repair of existing utility structures or right-of-way.
(5) 
Installation or construction in improved public road right-of-way, and replacement, operation or alteration of all electric facilities, lines, equipment or appurtenances, not including substations, and all natural gas, cable communications and telephone facilities, lines, pipes, mains, equipment or appurtenances.
(6) 
Public agency development proposals only to the extent of any construction contract awarded before the effective date of this chapter; provided, that any regulation in effect at the time of such award shall apply to such proposal.
(Ord. 342 § 330, 1992)
If the application of this chapter would deny all reasonable use of the property, development may be allowed which is consistent with the general purposes of this chapter and the public interest.
(1) 
An application for a critical area reasonable use exception shall be filed with the administrator and shall be considered by the city of Forks city council which shall seek legal advice from and consult with the Forks city attorney and shall issue a decision.
(2) 
The city of Forks city council, in approval of a reasonable use exception, must determine that:
(a) 
Application of this chapter would deny all reasonable use of the property;
(b) 
There is no other reasonable use with less impact on the critical area;
(c) 
The proposed development does not pose an unreasonable threat to the public health, safety or welfare on or off the development proposal site; and
(d) 
Any alterations permitted to these critical areas shall be the minimum necessary to allow for reasonable use of the property.
(3) 
Any authorized alteration of a critical area under this section may be subject to conditions established by the city of Forks city council and shall require mitigation under an approved mitigation plan.
(4) 
Except when application of this chapter would deny all reasonable use of the property, an applicant who seeks an exception from the standards and requirements of this chapter shall pursue relief by means of a variance as provided for in this chapter.
(Ord. 342 § 335, 1992)
“Nonconforming development”
means a development which was lawfully constructed, approved or established prior to the effective date of this chapter but which does not conform to present regulations or standards of this chapter.
(1) 
This chapter incorporates by reference the nonconforming development standards applicable to development on shorelines of the state (WAC 173-14-055), as now or hereafter amended; and/or
(2) 
Structures in existence on the date this chapter becomes effective and that do not meet the setback or buffer requirements of this chapter for streams, or landslide hazard areas may be remodelled or reconstructed; provided, that the new constriction or related activity does not further intrude into a stream, wetland, landslide, or associated buffers and is subject to the restrictions of the frequently flooded areas for reconstruction; provided further, that structures in existence on the date this chapter becomes effective and that do not meet the setback or buffer requirements of this chapter for wetlands, streams, or landslide hazard areas may be replaced; provided, that no reasonable alternative location for the structure on the development proposal site exists and the new construction or related activity does not further intrude into a stream, wetland, landslide hazard, or associated buffers and is subject to the restrictions of the frequently flooded areas for reconstruction; provided further, that new construction or related activity connected with an existing single-family dwelling shall not be considered further intruding into an associated buffer so long as the footprint of the structure lying within the critical area is not increased by more than 1,000 square feet and no portion of the structure is located closer to the stream, wetland or landslide hazard than the existing structure.
(Ord. 342 § 340, 1992)
In evaluating a request for a development proposal regulated by this chapter, the review authority shall provide the following:
(1) 
Confirm the nature and type of the critical area and evaluate any special reports;
(2) 
Determine whether the development proposal is consistent with this chapter, by granting, denying or conditioning projects;
(3) 
Determine whether proposed alterations to critical areas are appropriate under the standards contained in this chapter or are necessary to allow reasonable use of the property; and
(4) 
Determine if the protection mechanisms and the mitigation and monitoring plans and bonding measures proposed by the applicant are sufficient to protect the public health, safety and welfare consistent with the goals of this chapter, and if so, condition the permit or approval accordingly.
(Ord. 342 § 345, 1992)
The owner of any property on which a development proposal is submitted shall file for record with the Clallam County auditor a notice in the public record of the presence of a critical area or buffer, the application of this chapter to the property, and that limitations on actions in or affecting such areas or 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. (See Exhibit 1.)[1]
(Ord. 342 § 350, 1992)
[1]
Code reviser’s note: Exhibit 1 is attached to Ordinance No. 342 and on file in the office of the city clerk/treasurer.
(1) 
Application for development proposals, reasonable use exception or variances regulated by this chapter or for review of special reports shall be made with the administrator by the property owner, lessee, contract purchaser, other person entitled to possession of the property, or by an authorized agent.
(2) 
A filing fee in an amount of $30.00 shall be paid to the city of Forks at the time an application for a critical area permit is filed. An additional $30.00 shall be charged for each special report required by the terms of this chapter.
(3) 
Applications for any development proposal subject to this chapter shall be reviewed by the administrator for completeness, consistency or inconsistency with this chapter.
(4) 
No application shall be considered substantially complete until all special reports required by this chapter are submitted to the city of Forks as part of the development proposal application.
(5) 
At every stage of the application process, the burden of demonstrating that any proposed development is consistent with this chapter is upon the applicant.
(6) 
All applications for development proposals subject to this chapter shall include a site plan drawn to scale identifying known locations of critical areas, location of proposed structures and activities, including clearing and grading and general topographic information. If the review authority determines that additional critical areas are found on the development proposal site, the applicant shall be required to amend the application site plan to identify the location of the critical area.
(Ord. 342 § 355, 1992; Ord. 355 § 2, 1993)
A variance in the application of the regulations or standards of this chapter to a particular piece of property or a variance to the use prohibitions of this chapter may be granted by the city of Forks city council when it can be shown that the application meets all of the following criteria:
(1) 
The granting of the variance will not be materially detrimental to the critical area, public welfare or injurious to the property or improvements in the vicinity and area in which the property is situated or contrary to the goals, policies and purpose of this chapter.
(2) 
The granting of the variance is the minimum necessary to accommodate the permitted use.
(3) 
No other practicable or reasonable alternative exists. (See definitions at FMC § 14.20.320 and 14.20.375.)
(4) 
A mitigation plan has been submitted and is approved for the proposed use of the critical area.
(Ord. 342 § 360, 1992)
Any decision made by the Forks planning director may be appealed to the city of Forks city council.
(Ord. 342 § 370, 1992)
(1) 
Any person found to have wilfully engaged in activities within or adjacent to critical areas or critical area buffers of the city of Forks in violation of this chapter shall be punished by a fine of not less than $100.00 nor more than $1,000, or by imprisonment in the city of Forks jail for not more than 90 days, or by both such fine and imprisonment; provided, that the fine for the third and all subsequent violations in any five-year period shall not be less than $500.00 nor more than $10,000. The severity of any penalty shall be based on the nature of the violation, the damage or risk to the public resources, and/or the existence or degree of repeat violations of the person(s) subject to the enforcement action.
(2) 
Any person who fails to conform to the terms of a permit or approval issued pursuant to this chapter, or who unknowingly engaged in activities within critical areas or critical area buffers without compliance with this chapter, or who fails to comply with a cease and desist order, may be subject to civil penalties not to exceed $1,000. The severity of any penalty shall be based on the nature of the violation, the damage or risk to the public or to public resources, and/or the existence or degree of repeat violations of the person(s) subject to the enforcement action.
(3) 
The administrator shall serve in writing by personal service or by certified mail with return receipt requested upon a person a cease and desist order if an activity being undertaken is in violation of this chapter. The order shall set forth a description of the specific nature, extent, and time of violation and the damage or potential damage, and a notice that the violation or the potential violation shall cease and desist. The order may also include provisions for immediate stabilization of the site in such circumstances where the critical area is being impacted from continued violation of this chapter. The cease and desist order shall become effective immediately. Failure to comply with the terms of a cease and desist order shall be considered further violation of this chapter.
(4) 
Any civil penalty imposed shall be provided to the person who violated the provisions of this chapter. Such penalty shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service. The notice shall describe the violation, approximate the date(s) of violation, and shall order the acts constituting the violation to cease and desist, and in appropriate cases, require necessary corrective action within a specific time. Any person incurring a penalty may apply in writing within 30 days of receipt of penalty to the city of Forks city council for remission or mitigation of such penalty. The city of Forks city council may remit or mitigate the penalty only upon a demonstration of extraordinary circumstances, such as the presence of information or factors not considered in setting the original penalty. Any penalties imposed under this section shall become due and payable 30 days after receipt of notice imposing the same unless application for remission or mitigation is made. Whenever an application for remission or mitigation is made, penalties shall become due and payable 30 days after the city of Forks city council decision regarding the remission or mitigation.
(5) 
All penalties assessed by this chapter shall be payable to the city of Forks and shall be placed in a special account for the enhancement of shorelines and critical areas.
(6) 
The administrator shall determine whether violations exist and issue such civil penalty as deemed necessary to ensure compliance with the provisions of this chapter. The Forks city attorney shall bring such injunctive, declaratory, or other actions as are necessary to insure that no uses are made within critical areas or adjacent to critical areas in conflict with the provisions of this chapter.
(7) 
Any person subject to this chapter who violates any provision of this chapter or the provisions of a permit or approval issued pursuant to this chapter shall be liable for all damage to public or private property arising from such violation, including the cost of restoring the affected area to its condition prior to such violation.
(Ord. 342 § 380, 1992)