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HomeMy WebLinkAbout07 0524 95CC ; PC PL fib ` q'5 1 STATE OF WASHINGTON 2 COUNTY OF JEFFERSON 3 4 An ordinance designating and conserving, } 5 on an interim basis, forest lands of } 6 long-term commercial significance, } Ordinance No. 07-0524-95 7 as required by Chapter 36.70.A RCW } 8 9 Section 1.00 Purpose: The intent of this ordinance is to designate and conserve forest lands of 10 long-term commercial significance. Lands classified as forest lands but not designated as long - 11 term commercially significant, are not required or encouraged to convert to other uses. On the 12 contrary, forestry is encouraged on all these lands. Specific purposes include: 13 14 1. To sustain and enhance forest resource operations of long-term commercial 15 significance by protecting from incompatible development forest resource lands 16 that can be economically and practically managed for forest resource production. 17 18 2. To encourage the continued diversity of forestry in Jefferson County through 19 designating two classes of long-term commercially significant forest land that will 20 allow the continued existence of a range of approaches to forest management. 21 22 3. To alleviate the pressure experienced by forest resource land owners to convert 23 their land to more intense uses. 24 25 4. To alert potential purchasers as to the location of forest resource lands, and the 26 nature of land uses and activities to be expected within such areas. 27 28 1.10 Findings: The Jefferson County Board of Commissioners enter the following findings: 29 30 1. The Washington State Legislature adopted the Growth Management Act, Engrossed 31 Substitute House Bill 2929, now codified as Chapter 36.70A RCW, which, in part, 32 requires local governments to classify, designate, and regulate to conserve resource lands. 33 34 2. In accordance with RCW 36.70A.050, the (then) Washington State Department of 35 Community Development established Minimum Guidelines to classify and designate 36 resource lands, codified as Chapter 365-190 WAC. 37 38 3. In March of 1994, the Washington State Legislature adopted Engrossed Substitute 39 Senate Bill 6228, which amended the definitions of agricultural land and forest land 40 contained in RCW 36.70A.030. �41 42 4. Following an exhaustive policy creation and public review process, the Board of County 43 Commissioners (BOCC) adopted an interim ordinance to conserve forest lands of long - 1 �L 21 I term commercial significance (Ordinance No. 07-0705-94) on July 5, 1994. 2 3 5. On September 8 and 9 1994, the Western Washington Growth Management Hearings 4 Board received petitions for review of the interim forest and mineral land ordinances 5 from the Olympic Environmental Council, the Washington Environmental Council and 6 the Washington State Department of Natural Resources. 7 8 6. On October 28, 1994, the County adopted an emergency ordinance, Ordinance No. 16- 9 1028-94, which committed the County to adopting new interim forest and mineral land 10 ordinances by November 30, 1994 and reopened the public process for the submission of 11 comment on potential designation. 12 13 7. Following advertisement in the Port Townsend/Jefferson County Leader for the 14 submission of further information from interested parties, the completion of preliminary 15 analysis on the economic viability of forestry in eastern Jefferson County, and review by 16 the Board of Commissioners on November 21, 1994, the County adopted an emergency 17 ordinance, Ordinance No. 17-1128-94, on November 28, 1994, which extended the 18 deadline for adoption of new interim forest and mineral land ordinances to December 14, 19 1994. WE 21 8. On December 12, 1994, the County adopted Ordinance No. 18-1212-94, an emergency 22 ordinance, extending the timeline for completion of replacement interim resource land 23 ordinances to February 13, 1995. This ordinance provided for expanded analysis and 24 public review processes, these being deemed necessary by the Board of Commissioners 25 for any replacement ordinances to properly comply with the designation, conservation 26 and public process requirements of the Act. 27 28 9. On December 23, 1994, the Jefferson County Planning Commission commenced 29 reviewing maps, together with their associated designation criteria, of alternative forest 30 land designations prepared by planning staff using the analysis procedure contained in 31 'Exhibit B' of Ordinance No. 18-1212-94. 32 33 10. On December 28, 1994 the Planning Commission met to continue its work on forest land 34 designation. At this meeting, a draft forest lands ordinance (identified as Draft #3) was 35 released by legal counsel for Planning Commission review. 36 37 11. The Planning Commission continued its deliberations on forest land designation through 38 January, February, March and April of 1995, holding a total of eleven meetings (the 39 meeting held on January 23, 1995 being continued from January 17, 1995). 40 41 12. The Planning Commission meeting of February 17, 1995 featured the presentation of 42 testimony from representatives of the Washington State Department of Natural 43 Resources, MRGC Inc., and Pope Resources Inc., on the value, productivity and 44 profitability of forest lands in eastern Jefferson County. 0a vol. 21 Fac. 001 2 13. All the Planning Commission Meetings held over this period were properly advertised 3 and open to members of the public. Opportunity for public comment was frequently 4 provided and sign -in sheets listing people in attendance were maintained by Planning 5 staff. 6 7 14. On January 11, 1995, the Western Washington Growth Management Hearings Board 8 held a public hearing on the merits of the appeals filed by the Olympic Environmental 9 Council, the Washington Environmental Council, and the Washington State Department 10 of Natural Resources on the County's existing interim forest and mineral resource land 11 ordinances. 12 13 15. On February 16, 1995, the Western Washington Growth Management Hearings Board 14 issued its final decision and order (Case No. 94-2-0017) on the appeals of the County's 15 interim forest and mineral resource land ordinances. 16 17 16. In finding ordinance 07-0705-94 out of compliance with the requirements of the Growth 18 Management Act, the Western Washington Growth Management Hearings Board 19 ordered the County to adopt an ordinance which designates and conserves forest lands of 20 long-term commercial significance consistent with the goals and requirements of the Act 21 within 60 days. 22 23 17. Following receipt of the final decision and order for Case No. 94-2-0017 from the 24 Western Washington Growth Management Hearings Board, Jefferson County Planning 25 Department staff commenced drafting an ordinance designed to address the issues raised 26 in the decision and return the County to compliance with this portion of the Growth 27 Management Act. 28 29 18. This ordinance was drafted through reference to the previously released draft 94 of the 30 forest lands ordinance, the full deliberations of the Jefferson County Planning 31 Commission over the period December 23, 1994 to February 24, 1995, and the Final 32 Decision and Order for Case No. 94-2-0017 issued by the Western Washington Growth 33 Management Hearings Board. 34 35 19. Draft 95 of this ordinance was mailed to the Jefferson County Planning Commission on 36 March 10, 1995, and participants of record on March 13, 1995. Copies of the ordinance 37 draft were made generally available on the afternoon of March 10, 1995. 38 39 20. The Planning Commission held a special workshop to review draft #5 of the ordinance on 40 March 14, 1995 and determined that this draft did not fully implement the forest land 41 designation scheme they had developed at their earlier workshops. The Planning 42 Commission requested staff to produce G.I.S. maps that displayed their preferred 43 designation options and declined to consider the issue any further until this was 3 von 21 rn , 662 I accomplished. 2 3 21. On March 20, 1995, Planning staff mailed a series of G.I.S. maps to the Planning 4 Commission that displayed their preferred designation options. 5 6 22. On March 22, 1995, the Planning Commission held a workshop to further consider the 7 designation of forest lands, basing their deliberations upon the maps mailed on March 8 20th. At this workshop a consensus emerged that a two-tier approach to designation and 9 conservation could work well in Jefferson County. 10 11 23. On March 24, 1995, Planning staff mailed a staff report entitled 'Proposed Characteristics 12 of Commercial and Rural Forest Land' that added detail to the consensus decisions on a 13 two-tier designation system made on March 22. 14 15 24. On April 3, 1995, the Board of County Commissioners urged the Planning Commission 16 to bring their review of forest lands to speedy closure and identified Monday May 1, 17 1995, as the date for holding a public hearing on a draft ordinance. 18 19 25. On April 5, 1995, the Planning Commission met to resolve the three remaining 20 designation issues identified by.Planning staff in a letter dated March 24, 1995. Through 21 reference to additional maps prepared by Jefferson County IDMS and consideration of 22 appropriate factors, the Planning Commission completed their deliberations and produced 23 a final recommended two-tier designation system for forest resource lands. 24 25 26. Using the Planning Commission recommendations, Planning staff produced a new draft 26 ordinance (Draft #6) which was approved by the Board of County Commissioners for 27 Public Hearing on April 17, 1995. 28 29 27. A public hearing was held on Draft #6 of the ordinance by the Board of County 30 Commissioners on May 1, 1995. 31 32 28. Two workshops to review testimony received at the public hearing were held by 33 the BOCC. The first on May 17, 1995, and the second on May 22, 1995. 34 35 29. The adoption and use of a forest land designation system that identifies two classes of 36 long-term commercially significant forest resource land is considered highly desirable by 37 the County as it serves to retain the maximum amount of commercially viable forest land 38 in timber production while preserving the needed development options of those forest 39 land owners who intend to retain their most productive lands in forestry over the long - 40 term. 41 42 30. The designation and conservation mechanisms contained in this ordinance represent the 43 results of a highly detailed consideration of both the spirit and intent of the requirements 44 of the Growth Management Act. 2 VOL 21 pan_ 603 31. The Board of Commissioners finds that adoption of this ordinance is necessary to bring the County into conformance with the requirements and goals of the Growth Management Act, as identified in RCW 36.70A.170, RCW 36.70A. 060, and RCW 36.70A.020. 32. In addition to bringing the County into compliance with the applicable requirements of the Act, adoption of this ordinance shall also have the beneficial effect of insuring the interim designation of productive and profitable forest lands that can be successfully managed for commercial forestry over the long-term. 33. The Board intends that this ordinance shall apply to all property within the unincorporated areas of Jefferson County, to the extent permitted by law. 34. This ordinance allows for development to proceed in a manner consistent with the rights of individuals to peacefully use and enjoy their property. 35. These regulations bear a substantial relationship to the public health, safety and welfare of the County as a whole. Section 2.00 Policies: It is the goal of Jefferson County to conserve and encourage existing and future timber production land uses on those lands that can be economically and practically managed for such production as a viable land use and as a significant economic activity within the community; and protect forest lands of long-term commercial significance from encroachment and incompatible uses. These goals shall be accomplished through the following policies: 1. It is the policy of Jefferson County to conserve forest lands for productive economic use by classifying and designating forest lands where the principle and preferred land use is long-term commercial timber production. 2. The primary land use activities in forest areas are commercial forest management, mineral extraction, sand and gravel operations and those uses that maintain, enhance or have no impact on the long term management of designated commercial forest lands. 3. The County encourages the multiple economic use of forest land for a variety of natural resource and other land use activities particularly suited for forest lands because of physical and topographical characteristics; remoteness from populated areas; availability of water supply; and the quality of the forest environment. 4. The County supports multiple approaches to forest management on all designated lands, and does not regard any single approach as being uniquely associated with long-term 5 , VOL 21 wu_ 604 commercially significant forest lands. 5. To promote certainty and continuity in the management decisions of forest land owners, the County shall endeavor to adopt goals, policies and regulations for the conservation of long-term commercially significant forest land under the revised Comprehensive Plan, that bear a substantial relationship to those contained within this ordinance. 6. The acquisition of commercial forest land for public recreational, scenic park and environmental purposes, should first be evaluated for its impact on a viable forest industry and local government revenue and programs. 7. The county supports and encourages the maintenance of forest lands in timber and current use property tax classification consistent with RCW 84.28, 84.33, and 84.34. 8. The county discourages the establishment or expansion of special purpose taxing districts and local improvement districts, or the imposition of rates, charges and fees which may place a financial burden on commercial forest landowners, with the exception of the formation of fire district boundaries. 9. Land use activities within or adjacent to designated forest land should be sited and designed to minimize conflicts with forest management and other activities on forest land. 10. Clustering of residential development on Rural Forest lands and lands adjacent to designated forest lands is encouraged, and the dedicated forest land or open space associated with cluster development should buffer adjacent resource lands from development. 11. Special development standards for lot size and configuration, fire protection, water supply, and dwelling unit location should be adopted for development within or adjacent to forest land. 12. Forestry activities performed in accordance with county, state and federal laws should not be subject to legal action as public nuisances. 13. Notification should be placed on all plats, binding site plans, or building permits that the adjacent land is in resource use and subject to a variety of activities that may not be compatible with residential development. The notice should state that forestry activities performed in accordance with county, state and federal laws are not subject to legal action as public nuisances. 14. Support those uses and buffer areas adjacent to designated commercial forest lands that minimize conflict with forest management practices. .von 21 Fac_ 605 Section 3.00 Definitions 3.10 "Parcel": A legally created lot, parcel, or tract of real property in which the boundary is defined by a deed recorded in the Jefferson County Auditor's Office; or, a legally created lot, parcel, or tract of real property that has been defined by a survey recorded pursuant to Washington State surveying or platting laws. 3.20 "Designated land": any land designated pursuant to this ordinance. 3.30 "Net Yield": the amount of timber that can actually be harvested from forest land after proper allowance has been made for timber of harvestable age being left standing on a parcel due to state or federally mandated standards requiring the set aside of land for the protection of environmentally sensitive or 'critical' areas. Section 4.00 Classification and Designation of Interim Forest Lands of Long -Term Commercial Significance: 4.10 Classification: Any parcel that meets all the following criteria is hereby classified as forest land under this ordinance: 1. A majority of the parcel consists of Department of Revenue Private Forest Land Grades 1 through 4,- 2. ; 2. Is nominally 40 acres or greater in size; 3. No part of the parcel lies within one half (1/2) mile of an Interim Urban Growth Area Boundary. 4. No part of the parcel lies within one half (1/2) mile of lands characterized as rural or suburban in the Jefferson County Rural Lands Characterization Study (dated November 8, 1994). 5. Is classified or designated Timber Tax land, or, State or Federal land outside the National Forest Service boundary; 4.20.1 Designation of Commercial Forest Lands of Long -Term Commercial Significance: Any parcel that meets all of the following criteria is hereby designated as interim Commercial forest land of long-term commercial significance: 1. More than fifty per cent (50%) of the parcel consists of Department of Revenue Private Forest Land Grades 1 through 4. 7 VOL 21 2. Is nominally 80 acres or greater in size; 3. Is adjacent to parcels at least 20 acres in size on 75% or more of its perimeter; 4. A majority of the parcel lies outside any community water system service area; 5. No part of the parcel lies within one half (1/2) mile of an Interim Urban Growth Area Boundary. 6. No part of the parcel lies within one half (1/2) mile of lands characterized as rural or suburban in the Jefferson County Rural Lands Characterization Study (dated November 8, 1994). 7. Is classified or designated Timber Tax land, or, State or Federal land outside the National Forest Service boundary; 8. Is part of a block of land at least 320 acres in size that meets the designation criteria for Commercial forest lands contained within this ordinance; 9. Produces a net yield of 25,000 board feet of timber per acre over a 50 year growing cycle, based on the total age of the tree stand. 4.20.2 Designation of Rural Forest Lands: Any parcel that meets all of the following criteria is hereby designated as interim Rural forest land: 1. More than fifty per cent (50%) of the parcel consists of Department of Revenue Private Forest Land Grades 1 through 4.- 2. ;2. Is nominally 40 acres or greater in size; 3. Is adjacent to parcels at least 20 acres in size on 75% or more of its perimeter; 4. A majority of the parcel lies outside any community water system service area; 5. No part of the parcel lies within one half (1/2) mile of an Interim Urban Growth Area Boundary. 6. No part of the parcel lies within one half (1/2) mile of lands characterized as rural or suburban in the Jefferson County Rural Lands Characterization Study (dated November 8, 1994). 7. Is classified or designated Timber Tax land, or, State or Federal land outside the National Forest Service boundary; 8. Is part of a block of land at least 320 acres in size that meets the Commercial or Rural forest designation criteria contained within this ordinance, H1. .VOL 21 9. Produces a net yield of 15,000 board feet of timber per acre over a 50 year growing cycle, based on the total age of the tree stand. Section 4.30 Inholdings: Parcels of land that are entirely surrounded by Commercial or Rural forest lands of long-term commercial significance shall be designated as Rural forest lands of long-term commercial significance except as follows: 1. Where said parcels are less than 20 acres in size; 2. Where an application for development of the parcel is properly vested under Washington Law; Parcels designated as Rural forest land under this provision shall be separately identified on any maps prepared by the County. Section 4.40 Establishment of Forest Land Blocks: 120 days from the effective date of this ordinance, the blocks of designated Commercial and/or Rural forest land created through application of the designation criteria contained in subsections 4.20.1 and 4.20.2 shall be established for the duration of the ordinance. While individual parcels may be removed from these blocks under the Amendment of Designation provisions contained in Section 6.00, the block and its associated forest land designations shall continue to exist. This provision shall apply if the amount of designated Commercial or Rural forest land in the block falls below 320 acres, but not if the acreage of the block falls to zero. Section. 5.00 Maps: Designated lands shall be identified on maps prepared by the county using the following sources: 1. Department of Natural Resources maps of Private Forest Land Grades; 2. Jefferson County Assessors Office parcel maps; 3. Jefferson County Assessors Office System 36 Data Base; 4. Jefferson County Integrated Data Management System, GIS Data Bases for Public Service Providers; Section 6.00 Amendment of Designation: Section 6.10 Effective Period: Jefferson County shall allow the submission of petitions for the amendment of forest land designations made by this ordinance from the date the ordinance becomes effective to the date it is replaced by a permanent control. W VOL 21rAU_ 608 1 6.10.1 Forms: With the exception of any required professional reports, all petitions must be 2 made on forms provided by the County and shall be reviewed for completeness prior to formal 3 acceptance. 4 5 6.10.2 Fees: With the exception of costs incurred for publishing legal notices in the newspaper 6 of record, no fees shall be charged by the County for processing any petitions made under this 7 ordinance section. The petitioner shall, however, be liable for the payment of any professional 8 foresters or other consultants they have retained to prepare materials for their petition. 9 10 Section 6.20 Petitions for Removal from Designation: The owner of any land so mapped as 11 designated land may petition the County for removal of said designation on the basis of incorrect 12 designation or mapping, which may include inaccuracies in the mapping of Private Forest Land 13 Grades. 14 15 6 20 1 Removal From Designation Due to Low Net Yield: Petitions for removal of land from 16 the Commercial or Rural Forest Land designations, due to failure of the subject property to 17 meet criterion 4.20.1.9 or criterion 4.20.2.9 of this ordinance, shall be accompanied by a 18 report produced by a professional forester which identifies the precise reasons for the parcel 19 producing insufficient net yield. Further, any estimates of land productivity contained in such a 20 report shall be produced using empirical growth and yield tables, timber volumes shall be 21 expressed using Scribner Tables based on 32 foot logs with six (6) inch top diameters, and the 22 effects of set asides due to the presence of environmentally sensitive, or 'critical', areas shall be 23 separately listed. 24 25 6.20.2 Process: 26 27 1. At least ten days prior to the Hearing Examiner reviewing a petition to amend designation, 28 A legal notice describing the petition, together with the date, time, and location of the 29 hearing shall be published in the County newspaper of record. 30 31 2. The Hearing Examiner shall hold a public hearing on a petition to amend designation and 32 shall review the petition using the criteria identified in Section 4.00 of this ordinance. 33 34 3. The Hearing Examiner is hereby assigned the functions, powers and duties incident to 35 holding hearings and making recommendations to the Board on the approval or 36 disapproval of petitions to amend designation made under this ordinance. 37 38 4. The Board of County Commissioners shall review recommendations on petitions to 39 amend designation made by the Hearing Examiner and approve or disapprove the 40 recommendation. 41 42 5. Where the Board disagrees with the recommendation forwarded by the Hearing Examiner, 43 it may hold a hearing and formulate findings and conclusions using the processes identified lr von. 21 FAc_ 609 in subsections 6.20.2.1 and 6.20.2.2. 2 3 6 20 3 Designation Status Following Successful Application: 4 5 1. Where the petition for redesignation is successful due to failure of the subject property to 6 meet criterion 4.20.1.9 or criterion 4.20.2.9, the parcel shall be redesignated as follows: 7 8 Commercial Forest Land shall be redesignated as Rural Forest Land 9 Rural Forest Land shall be redesignated as provided under subsection 6.20.3.2 10 11 2. Where the petition for redesignation is successful due to failure of the subject property to 12 meet any of the other designation criteria, the parcel shall revert to its previous land use 13 designation, or, the nearest equivalent under any new regulations that may have been 14 adopted in the interim. 15 16 3. Where removal of forest land designation from the subject property would result in the 17 creation of an'Inholding', as under subsection 4.30 of this ordinance, the subject property 18 shall be designated as Rural Forest Land under the provisions of subsection 4.30. 19 20 Section 6.30 Petition for Designation as Forest Land : The owner of land classified as forest land 21 under this ordinance may petition the County for inclusion within the Commercial or Rural Forest 22 Lands designations on the basis of either incorrect mapping, or, compliance with a majority of the 23 designation criteria contained in subsections 4.10 and 4.20 of this ordinance. 24 25 6 30 1 Petition for Designation as Commercial Forest Land: Any land proposed by its owner 26 for redesignation to Commercial Forest Land of must be designated as Rural Forest Land for 27 the petition to be approved by the County. 28 29 6.30.2 Petition for Designation as Rural Forest Land: Any land proposed by its owner 30 for redesignation to Rural Forest Land must meet all the criteria listed in subsection 4.10 of 31 this ordinance for the petition to be approved by the County. 32 33 6.30.3 Process: Petitions for designation as forest land of long-term commercial 34 significance shall be reviewed by the County using a similar process to that identified in 35 subsection 6.20.2 of this ordinance. The County shall, however, review the petition for 36 conformance with the requirements identified in subsections 6.30.1 and 6.30.2 of this 37 ordinance. 38 39 Section 6.40 Enhancement of Land Manageabilit. Where adjustments to the shape of long-term 40 commercially significant forest land blocks will enhance the manageability of designated forest 41 land, the owner of forest land may petition the county for the exchange of parcels between 42 Commercial and Rural Forest Land designations. 43 11 VOL 21 r,Is_ 610 6.40.1 Provisions: The exchange of lands provided for by Section 6.40 of this ordinance shall be allowed by the County subject to the following conditions: 1. The petitioner must own all the lands identified for exchange by the petition. 2. The acreage of Rural forest land proposed for redesignation to Commercial forest land must be at least equal to the acreage of Commercial forest land proposed for withdrawal from that designation. 3. Any land redesignated through this process shall not be eligible for withdrawal from designation under the provisions contained in section 6.20 of this ordinance. 6.40.2 Process: 1. All petitions for the exchange of designated land to enhance forest land manageability shall be heard by the Jefferson County Planning Commission, who shall review the petition using the criteria identified in section 6.40.1 of this ordinance. 2. At least ten (10) days prior to the Planning Commission reviewing a petition for the enhancement of forest land manageability, the County shall publish a public notice in the newspaper of record, providing information on the petition that includes the description and location of the subject properties, the name of the property owner and the time and location of the public hearing. 3. The Planning Commission shall produce a report on the petition to the Board of County Commissioners that includes findings and a recommendation on approval or disapproval of the petition. 4. The Board of County Commissioners shall review the Planning Commission report on the petition for the enhancement of forest land manageability and approve or disapprove their recommendation. 5. Where the Board disagrees with the Planning Commission recommendation, it may hold a hearing and formulate findings and conclusions using the process identified in subsections 6.30.2 and 6.30.3 of this ordinance. 6. For the purpose of promoting administrative efficiency where multiple petitions for the enhancement of forest land manageability are made by a single property owner, the County may combine the petitions for consideration at a single hearing and production of one report. 7. For the purpose of promoting administrative efficiency where petitions for the enhancement of forest land manageability are made by owners of designated long-term 12 . VOL 21 Fay, - 611 I commercially significant forest land that is located in the same forest land block, the 2 County may combine the petitions for consideration at a single hearing. 4 5 Section 7.00 Development Resulations: i 7 7.10 Commercial Forest Lands: 8 9 7.10.1 Allowed Density: No designated land shall be subdivided or developed such that its 10 residential density exceeds one unit per forty (40) acres. 11 12 7 10.2 Transfer of Development Rights: Owners of parcels designated as Commercial forest 13 land may transfer the rights to residential development provided by this ordinance to a parcel 14 in their ownership which is designated as Rural forest land. Such a transfer shall be recorded 15 as a notice to the titles of the sending and receiving properties by the Jefferson County 16 Auditors Office, and on the face of any plat made of the receiving property. 17 18 7.20 Rural Forest Lands: 19 20 7.20.1 Underlying Density: The maximum residential density for designated Rural forest lands 21 shall be one dwelling unit per 20 acres when the property owner elects not to use any of the 22 subdivision methods provided in the following subsections. 23 24 7.20.2 Cluster Development: As an alternative to the subdivision of property allowed under 25 subsection 7.20.1, the owner of a parcel designated as Rural forest land may undertake a 26 cluster subdivision. The objective of a cluster subdivision is to provide a property owner with 27 sufficient development rights to maintain their ownership options while retaining the maximum 28 amount of land in timber production. A cluster subdivision as allowed by this ordinance shall 29 possess the following characteristics: 30 31 1. Retain a minimum of 60% of the original parcel in forest resource production. This land 32 shall be dedicated to tree growing and managed or jointly owned according to 33 administrative rules to be separately developed by the County. The 60% figure may be 34 adjusted downward based upon recommendation to the Board of Commissioners from the 35 Jefferson County Hearing Examiner. The Hearing Examiner shall conduct a public hearing 36 on such a request using the variance procedure contained in the Jefferson County 37 Subdivision Ordinance. dl - 39 2. Have a maximum base density of one dwelling unit per five acres, calculated across the 40 entire area of the parcel (for example, a 40 acre parcel shall have a maximum of eight (8) 41 building lots or home sites). 42 43 3. The minimum lot size for any building lot or home site created under the provisions of this 13 . VOL 21 W612 subsection shall be one (gross) acre. 4. Wherever possible, the cluster development shall be oriented on the parcel so as to face away from other resource lands and resource production activities. 5. Wherever possible, the cluster development shall be located on the parcel so as to be the maximum distance from resource management activities on adjacent properties. 6. Any critical areas located on the subject property may be included in the land dedicated to forestry without any adjustment being made to the number of allowed cluster lots due to the critical area being defined as unbuildable by the County. 7. Development rights from Commercial forest lands in the same ownership may be transferred to a cluster development on designated Rural forest land subject to the minimum lot size requirement specified in 7.20.2.3 7 20 3 Resource Management Subdivisions: The subdivision of Rural forest lands into parcels a minimum of 10 acres in size shall be allowed subject to the following conditions: 1. Each of the lots created through such a subdivision shall retain a minimum of 70% of their total area in forest resource production. This land shall be set aside for tree growing through the use of covenants, deed restrictions, or other provisions listed upon the face of the plat. 2. Each lot created under this provision shall have an allowed building envelope clearly identified on the face of the plat and, wherever possible, the building envelope shall be oriented on the parcel so as to face away from other resource lands and resource production activities. 3. Wherever possible, the building envelope shall be located on the parcel so as to be the maximum distance from resource management activities on adjacent properties. 4. Any critical areas located on the subject property may be included in the land dedicated to forestry without any loss of allowable density due to the critical area being unbuildable. 7.20.4 Replanting: The provisions contained in this subsection are intended to preserve the forest resource base of Jefferson County. They shall be applied by the County subsequent to the platting process and are not designed to replace the regulatory authority of the Washington State Department of Natural Resources; 1. Any lot, site, parcel, or building envelope that is created under the subdivision provisions of subsections 7.20.2 and 7.20.3 of this ordinance, and has been harvested or otherwise 14 ,VOL 21 m 613 cleared prior to final plat approval, shall be replanted two years from the date of final approval of the plat unless the land has been developed (development being determined by the issuance of a building permit by the County). 2. Where the lot, site or building envelope has not been developed after the two year period, the property owner shall be contacted by the County and reminded of this requirement. Should the property owner fail to replant the property within six (6) months of this notification, the County shall replant the property and initiate appropriate action for the reimbursement of replanting expenses. Section 8.00 Uses 8.10 Permitted: 1. The growing and harvesting of timber, forest products, and associated management activities in accordance with the Washington Forest Practices Act of 1974 as amended, and regulations adopted pursuant thereto. 2. Removal, harvesting, wholesaling, and retailing of vegetation from forest lands such as fuel wood, cones, Christmas trees, salal berries, ferns, greenery, mistletoe, herbs, and mushrooms. 3. All uses and activities necessary to the production of forest products and/or the harvesting and processing of timber; 4. Agriculture; floriculture; horticulture; general farming; dairy; the raising, feeding, and sale or production of poultry, livestock, fur -bearing animals, or honeybees; Christmas trees; nursery stock and floral vegetation; and other agricultural activities and structures accessory to farming and animal husbandry. 5. The extraction and primary processing of mineral resources. 6. Storage of explosives, fuels, and chemicals used for agriculture and forestry subject to all applicable local, state, and federal regulations. 7. Telecommunication facilities. 8. Forestry, environmental, and natural resource research facilities. 9. Outdoor recreation facilities such as primitive campsites, trails, trailheads, and snowparks, warming huts for climbers and cross-country skiers. 10. Private aircraft landing fields. 15 VOL 21 Fac; 614 11. Watershed management facilities, including but not limited to diversion devices, impoundments, dams for flood control, fire control, stock watering, and hydroelectric generating facilities. 12. Treatment of waste water or application of sewage sludge. 13. Utility and transmission facilities within existing right-of-ways. 14. Single family detached dwellings and mobile/manufactured homes and accessory residential uses. 15. Heliports that support emergency and forest related management uses and practices on a temporary basis. 8.20 Conditional Uses: The following uses shall be allowed only after obtaining a Conditional use permit. In the design and operation of a development or use authorized by a Conditional use permit in the forestry district, the major emphasis is to be placed on protecting the ability of the forest land owner to conduct traditional forest practices and the use must be found not to have significant adverse impacts to adjoining permitted forest uses. 1. Public and private developed recreational facilities including but not limited to parks, playgrounds, campgrounds, lodges, cabins, destination resorts, recreational vehicle parks, golf courses, youth camps, boat launches, and accessory uses such as restaurants, lounges, recreational facilities, and commercial services. 2. Correctional facilities; sanitary landfills; recycling facilities; incineration facilities; inert waste; and demolition waste disposal sites. 3. Public and semi-public buildings, structures, and uses including but not limited to fire stations, utility substations, pump stations, wells, and transmission lines. 8.30 Setbacks 8.30.1 Commercial Forest Lands: 1. For property located adjacent to designated Commercial forest land of long-term commercial significance, no dwelling unit(s) shall be placed within 100 feet of the legal property line. 2. For any lots that are created subsequent to the adoption of this interim ordinance, the 100 foot setback shall be strictly adhered to. 16 VOL 21 Fac; 615 1 3. Where any existing parcel borders on a parcel which is designated as Commercial forest 2 land of long-term commercial significance, the structural setback of 100 feet for residences 3 shall not apply when a written waiver is obtained from the adjoining property owner. If a 4 waiver is granted, the underlying zone setbacks shall apply. 6 8.30.2 Rural Forest Lands 7 8 1. For property located adjacent to designated Rural forest land, no dwelling unit(s) shall be 9 placed within 50 feet of the legal property line. 10 11 2. For any lots that are created subsequent to the adoption of this interim ordinance, the 12 50 foot setback shall be strictly adhered to. 13 14 3. Where any existing parcel borders on a parcel which is designated as Rural forest land, the 15 structural setback of 50 feet for residences shall not apply when a written waiver is 16 obtained from the adjoining property owner. If a waiver is granted, the underlying zone 17 setbacks shall apply. 18 19 8.30.3 Variances: The above referenced setbacks are subject to a variance pursuant to the 20 variance process established by the Jefferson County Zoning Code. 21 22 23 Section 9.00 Plat Notation: Jefferson County requires that all plats, short plats, development 24 permits, and building permits issued for development activities on, or within three hundred feet of 25 land designated as forest lands of long-term commercial significance, shall contain a notice that 26 the subject property is within or near designated long term commercial forest lands on which a 27 variety of commercial activities may occur that are not compatible with residential development. 28 These activities include spraying, pruning, harvesting, blasting, drilling, rock crushing and vehicle 29 movements, which can generate dust, smoke, noise and odor. The notice shall also state that 30 forest or mining activities performed in accordance with county, state, and federal laws are not 31 subject to legal action as public nuisances. 32 33 34 Section 10.00 Monitoring: For the duration of this ordinance, the Planning Department shall 35 compile annual reports which provide information on conversions of forest land, disaggregated by 36 planning area and parcel size, harvest levels on public and private lands, information on changes in 37 ownership of any lands in the classified or designated timber tax program (or lands acquired by 38 the state or federal governments), and complaints received by landowners conducting forest 39 practices. These reports shall be presented to the Board of County Commissioners and Planning 40 Commission for review and discussion. 41 42 43 Section 11.00 Expiration: The provisions of this ordinance shall cease to be effective upon 17 VOL 21 r� :616 I adoption and implementation by the County of a final designation system, and associated 2 development regulations for resource lands, as required by RCW 36.70A. 3 4 5 Section 12.00 Severability: If any section, subsection, or other portion of this ordinance is for 6 any reason held invalid or unconstitutional by any court of competent jurisdiction, such section, 7 subsection, or portion shall be deemed a separate portion of this ordinance and such holding shall 8 not affect the validity of the remaining portions of this ordinance. 9 10 11 Section 13.00 Effective Date: This ordinance shall not become effective until ten (10) days 12 following the date of adoption set forth in Section 14.00 below. 13 14 15 Section 14.00 Adoption: Adopted by the Jefferson County Board of Commissioners this 24th 16 day of May, 1995. 17 18 19 Srealof 20 z 21� ,.IV 22 2324 Lw 25 ..°fir e +, 26 27 ` 28 ATTEST: �%�/� , 29 Lorna Del y, Clerk o the Board 30 31 32 33 APP AS TO FORM: 34 35 36 evLtiV 37 38 David Skeen, Jefferson County 39 Prosecutor 40 41 42 [E. VOL JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS prol" l _ Jll. / Glen • • j 21 m;. 61i m N Is Naas, A 71 �- /;AI r ekit •JJ. foil' ri.q �j JEFFERSON COUNTY GUEST LIST HEARING: Interim Resource Lands DATE: Monday, May 1, 1995, 7:00 p.m. PLACE: Chimacum High School Auditorium NAME (Please Print f� c A STREET ADDRESS �} �n CITY Do you wish to present testimony? YES NO MAYBE C F E:1 M11 ;�S El E-1 E::] El 0 0 F-1 0 0 E-1 E::] El a 0 © El W� 0 o D 0 0 o a o 0 o a o o a o E-1 o 5 Er 0 a F E:1 El F-1 0 a a 0 0 a a a a a 0 El F F i 7 � i� i s &. k. 6'. �1 • 1 a f c4u7z- 4111� C (je y IT-� �i�Q SL�-,� �e bo Po f)6L / r"" X17 -f d� � (,I � �f (-lam prQs� f6or "� r 6 J—n.st / 9'S1W /7"''7' S -sc..-16t rot �j JEFFERSON COUNTY GUEST LIST HEARING: Interim Resource Lands DATE: Monday, May 1, 1995, 7:00 p.m. PLACE: Chimacum High School Auditorium NAME (Please Print) STREET ADDRESS CITY Do you wish to present testimony? YES NO MAYBE j - D D D D ls� 0 F FXI D a D D D D D E-1 D D D D a El a D El D D D 0 D El a D E-1 o D E-1 D a D D D D D a E:1 D a D D D El D a D D D D D D D D D D 0 D 7 Z RLq_-:,0 P am- L�IPi ocx� 1Z,7men^ W� P r �' P� qII-11(�-� IAPR 17 '97 02:53PM WA COUNTIES BLDG i Ij April 17, 1997 P. 3/3 Washington State Association of Counties 206 TENTH AVE. S.E., OLYMPIA, WASHINGTON 98501-1311 TELEPHONE (360) 753-1886 9 FAX (360) 753-2842 Governor Gary Locke Legislative Building PO Box 40002 Olympia, Washington 98504.-0002 Dear Governor Locke: The Washington State Association of Counties would like to urge you to sign SB 5325, allowing the reconveyance of forest board land back to the counties. This bill gives the optional authority to counties to manage their own trust lands, lands that once were tax title lands owned counties, They will be requby these ired to manage them following all current laws and they must distribute the revenues to the taxing districts within their counties in the same manner as now prescribed by law. 'here is precedent for county management of forest board lands. Grays Harbor County has successfully managed their Iands since 1977. The other counties would like the same option as Grays Harbor County. We urge your favorable support for SB 5325. Thank your for your consideration. .+ I i* Director c:Us09TSOV5325_doc AFAR 'l 1997 YH^ c The Washington State Association of Counties would like to urge you to sign SB 5325, allowing the reconveyance of forest board land back to the counties. This bill gives the optional authority to counties to manage their own trust lands, lands that once were tax title lands owned counties, They will be requby these ired to manage them following all current laws and they must distribute the revenues to the taxing districts within their counties in the same manner as now prescribed by law. 'here is precedent for county management of forest board lands. Grays Harbor County has successfully managed their Iands since 1977. The other counties would like the same option as Grays Harbor County. We urge your favorable support for SB 5325. Thank your for your consideration. .+ I i* Director c:Us09TSOV5325_doc 0 Washington State Senate Olympia Office: 412-A Legislative Building Senator Jim Hargrove Telephone: PO Box 40482 (206) 786-7646 Olympia, WA 98504-0482 24th Legislative Distjc t• rp K1t-�r� : 1-800-562-6000 April 11, 1997` Ij 1-t D ? APR 2 31997 Jefferson County Board of Commissioners jE"FERS0N COUNT POB 1220 BOARD OF COMM ISS 1 ONIERS Port Townsend, WA 98368 Dear Richard, Glen and Daniel: Thank you for your correspondence expressing your support of Sb 5325, trust land transfer. I am hopeful that I'll be able to "revive" this bill before the end of the regular session. I do appreciate your support of this effort. Sincerely, JH:lc Committees: Human Services & Corrections, Ranking Minority • Law & Justice • Natural Resources & Parks 33