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Home My WebLink About31-06 - Ord. Amending County Code Title 15 Development Regarding Forest Practices and Moratorium RemovalsORDINANCE NUMBER 31 06 AN ORDINANCE AMENDING SECTIONS OF THE MASON COUNTY TITLE 15 DEVELOPMENT CODE REGARDING FOREST PRACTICES AND MORATORIUM REMOVALS. AN ORDINANCE amending Title 15 Development Code regarding the review of forest practices and moratorium removals, and the authority of review, as set forth in Title 11 Forest Practices, under the authority of Chapters 36.70 and 36.70A RCW. WHEREAS, the Mason County Code Title 15 Mason County Development Code was last amended by Ordinance No. 53-04 on June 15, 2004; WHEREAS, the Department of Community Development has prepared revisions to this implemeTting ordnance to include provisions by which the Department of Community Development can evaluate and approve a proposed forest practices in Mason County; WHEREAS, at the January 23, 2006 Mason County Planning Advisory Commission meeting, the proposed ordinance revisions in the Development Code concerning forest practices were presented, the Planning Advisory Commission members discussed the proposed changes with staff and the public, and then passed a motion to recommend approval of the ordinance revisions; WHEREAS, the Board of County Commissioners held a public hearing about the proposed revisions on April 18, 2006, to consider the recommendations of the Planning Advisory Commission, and the testimony of the Mason County Department of Community Development and citizens on the proposed revisions to the Mason County Development Code; and WHEREAS, based upon the staff report, text of the proposed revisions, and public testimony, the Mason County Board of Commissioners has approved findings of fact to support its decision as ATTACHMENT A. NOW, THEREFORE, BE IT HEREBY ORDAINED, that the Mason County Board of Commissioners adopts a motion to approve the presented revisions that add several provisions to Title 15 Development Code regarding the review of forest practices and moratorium removals, and the authority of review, as described by ATTACHMENT B. Ordinance No° 31 06 ;continued) A ID this _ 8`1 day of AFL 2006. AT IHS Clerk of the : oard APPROVED AS ` O rse Prose, - ing Attorney OF COUNTY CM/TM- SSIONERS MASON COUNTY, WASTEUNG:oN ,yn ''a Ring F`ricksoy i, CH hm She Jayn r don, COMMISS 6 it IRP FRS ON V N 11-1 N MNA CE MASON, COUNTY L L L Si Pl AC L C IE 1)I \ G S Cr EO S 3F ':-LE 5 DEVELOPMENT' CODE P. 'GA C CCIES AND MORA OfflUM RFMO %ALSO A T A CHM/& NT A al 4 SON COUNTY WOAD 07 COYMICSS Aphili 119 2006 KNI0I1\CASOI1yFACT OFILLIS 1� o Under considerat on is the ordinance to amend it e 15 Deveopmerlt Code regarding the review of forest practices and moratori JIM removars, and the authority of review, as set forth in itle 1 Forest Practices. 2. The Mason County e : 5 Development Code sets forth procedures for the review and permitting of proposed development and the enforcement of imp:.ementing sant lards 3 o The Mason Co., my Department of Community bevelopment staiL has preserved these revisions to tie Development Code which include the appicabi`ity and review process for propose., forest practices development in Masor County. 4. Athe January 23, 2006 Mason County Panning Advisory Comm ssiori meeting, the proposed ordinance revisions in the Development Code concerning forest practices were presented, Cie Planning dvisory Commission members discussed the proposed c' anges with staff and ae pub-ic, and then passed a motion to recommend approval of the ordinance revisions 5. At :i:e April 18, 2006 public hearing, the Board of County Commissioners considered the recommendations of the Planning Advisory Commission, and the testimony of the Mason County 1 Department of Community Development and citizens regarding the proposed revisions to the Mason County Development Code. FROM THE P P ECE3ING FINDINGS 9 and based upon the staff report, text of ie proposed revisions, and d public testimony, the Mason County 3oard of Com missioners adopts a motion to approve the presented revisions that add several p7ovisions to 7i Le 115 Development Code regarding t: e review of forest practices and moratorium removas, and the authority of review. Itti Z III 1 A :� of y Chair, Mason County Boa c Commissioners Date M TTA CBM N B MASON CCU ,: SON CCO-C, MIVCODE T'EL'5 NIIYTNAVYr1OP TKNTCODE 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5.030005 O05 PURPOSE & D ATPPILCATBILlTY �h f_s Title describes enforcement actions and how the County wi1, process app ications for development sub ect to review under the following Titles of the Mason County Code and other ordinances and regulations of the County as :isted below: ritie 6 (Sanitary Code, enforcement on�y), inciuding the fo`=owing Mason County loard of Health regulations, which may not be codified in 7Atle 6: Om Site Sewage Regulation, Group B Water System I'<egu ation, Solid waste egulation, and Water Adequacy Regulatio-mo 2. ri fe 7 (Shoreline Master Program) 3. _'itle $ (Iknvironmenta. Policy) 4. itie 8 (Resource Ordinance) 5. Title (ForestPractieesl 6. :Title 13 (Utilities, enforcement only) 7. Title 14 (Construction) 8. i tye 16 (Subdivision) 9. eve_oprnent Regulations (Ordinance 82=96, as amended) 0. Mason County Flood Damage Prevention Ordinance (as amended, 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5o0 .050 I IEA .LNG EXAMINER 'he Hearing Examiner shall review and act on the following subj ec Ws Appeals of decisions of the 3uilding ff iciaon the interpretation or application of the Building Code. ievoking or modifying a permit or approvaper Section l 5o ` 3.070. C. Appeals of enforcement actions under the codes, ordinances and regu atio-s listed under :5 0 03 0 005 o Knforce ,dent actions include interpretations and decisions made as part of the enforcement actions under the authority of povisions in ` 5.03.005 0 D o Appeals of decisions of the Fire Marsha on interpretation or application o f the Fire Code. E. Ir nforcement actions as provided in Chanter 15.13 Applications for Preliminary and Final Plats. Coo Appeal of administrative decisions by the Department of Community Dcvelo inent as set forth in Section :5 09 020, 15.09.030, ascl 15 09 040. r Appeal of threshold determination under Title 8 (Environmental Policy). �! Granting of variances, except for administrative variarrtceso J. Other Type III permit reviews, including Large Lot subdivisions involving a public hearing, Mason Conditional Environmental Permits, Forest Practices Moratorium Removal, Mobile Home and Recreational Park permits, Special Use Permits, Reasonable Use Fxceptions, and Shoreline Substantial Development Permits and Conditional Use Permits K. Plat vacation or amendments, pursuant to Chapter 58.17 RCW, and for the purpose of removing utility and drainage easements set forth in Sec. 15.03.060. 15.05.030 CONTENT OF APPLICATIONS A. All applications for approval under Titles 6, 7, 8, 11, 14, 16, and other applicable ordinances shall include the information specified therein. The review authority may require such additional information as reasonably necessary to fully evaluate the proposal. The applicant shall apply for all permits identified in the preapplication meeting. 15.11.010 APPEAL OF ADMINISTRATIVE INTERPRETATIONS AND DECISIONS A. Administrative interpretations and administrative decisions may be appealed, by applicants or parties of record, to the following hearing body, based upon the relevant code or ordinance as follows: Hearing Examiner: Title 6 (Sanitary Code) and other regulations listed in part 1 of section 15.03.005, Title 7 (Shoreline Master Program), Title 8 (Environmental Policy and Resource), Title 11 (Forest Practices), Title 14 (Construction), Title 16 (Subdivision), and the Development Regulations, provided that appeals of the Building Official's notice and order shall be in accordance with section 401 of the Uniform Code of Abatement (hereafter section 401) and, shall be to the Hearing Examiner as specified in this chapter. B The appeal shall be considered and decided within ninety (90) days of receipt of a date stamped application, provided that the parties to an appeal may agree to extend these time periods, and provided that a shorter time period is not specified in the applicable code or regulation. CONSOLIDATED APPLICATION REVIEW CHART In the Community Development row: insert Forest Practice Application as Type II decision. insert Forest Practice Moratorium Removal as Type III decision CONSOLIDATED APPLICATION REVIEW CHART DECISION TYPE legislative TYPE IV PERMIT ENTRY TYPE I TYPE II TYPE III POINT ministerial administrative quasi-judicial building permit w/o SEPA SEPA environmental review appeal of type I/II decisions Building Dept., building variance for building permit and land Fire Marshal, and land modification permit modification permit SEPA Environmental Health w/o MEP review for septic system Dept. fire septic protection system certificate permit w/o MEP permit water well adequacy construction declaration county development comprehensive regulations plan Community Development boundary combination line of parcel / adjustment separation Commercial Mason development Environmental or industrial Permit appeal preliminary large of lot type plat I/II decisions final plat rezone subdivision Boundary Short Large plat lot subdivision Line Adjustment Mason Resource Environmental Conditional Ordinance Permit Variance Forest Development Administrative Practice Regulation Application Variance Flood Reasonable Development Special Ordinance Use Use Exception Regulation Permit Variance Variance Shoreline development permit Mobile Home - RV park permit Forest Practice Moratorium Removal