18H.30.050 Request for Single-Family Dwelling Exception

18H.30.050 Request for Single-Family Dwelling Exception.

The Director may administratively grant an exception to the mandatory 6-year development moratorium to allow the construction of one single-family dwelling unit and associated accessory structures, including septic system and wells, pursuant to the following standards:

1. An application for a Request for Single-Family Dwelling Exception may not be submitted until after the associated DNR forest practices permit has been closed/withdrawn by the DNR.

2. The area that is permitted to be developed pursuant to this administrative exception shall not exceed two acres in size. The area shall be undivided and shall be rectangular in shape.

3. Upon approval of a single-family dwelling exception, a memorandum of agreement (MOA) shall be recorded with the Pierce County Auditor by the landowner. The MOA shall identify the actions to be taken by the landowner to correct any violations of County ordinances or regulations.

4. When the moratorium was imposed as a result of harvesting under an approved Class II, Class III, or Class IV-Special forest practices permit, a minimum of three years shall have elapsed from the effective date of the forest practices application or notification. The three years may be waived if the applicant provides the County information that no critical areas and buffers were impacted by logging activities and the critical areas and buffers have been preserved pursuant to Pierce County regulations and that 190 trees per acre have been planted and survived a growing season unless reforestation was not required by the DNR permit.

5. The determination of compliance with County regulations shall be made as part of the application for the Single-Family Dwelling Exception. An initial determination that County regulations have been complied with, including that no critical areas and buffers were impacted, shall be made prior to continued processing of the Single-Family Dwelling Exception application. A building permit for a single-family home and accessory structures may be filed concurrently; however, if it is determined that critical areas and buffers were impacted by logging activities, then the 3-year waiting period shall apply.

6. When the moratorium was imposed as a result of unpermitted harvesting or a violation of an approved COHP or Class IV-General forest practices permit, a minimum of three years shall have elapsed from the date the moratorium was imposed by Pierce County.

7. The development moratorium shall remain in effect for all other non-forestry uses of the site.

8. Only one Single-Family Dwelling Exception application may be submitted on a parcel during the 6-year development moratorium.

B. Review Criteria. One single-family dwelling, permitted accessory structures, septic system, well, lawn and landscaped area, and access road may be constructed together with site development activities necessary to construct the dwelling on land subject to a development moratorium provided that:

1. The construction of the single-family dwelling, lawn and landscaping area, accessory structures, and access road are in compliance with all applicable County regulations.

2. Where critical areas have been impacted and after the 3-year waiting period, the landowner mitigates any damage to critical areas and critical areas buffers resulting from the forest practices in accordance with the requirements set forth in Title 18E PCC. The mitigation requirement shall apply to the entire parcel, including those areas outside of the maximum two acre exception area set forth in the request.

3. Reforestation of the parcel has occurred, if required pursuant to Chapter 222-34 WAC, when the moratorium was imposed as a result of permitted harvesting. Reforestation shall not be required in the area subject to the Single-Family Dwelling Exception application.

4. The harvest area, excepting the area subject to the Single-Family Dwelling Exception application, shall be reforested pursuant to Chapter 222-34 WAC when the moratorium was imposed under PCC 18H.30.020.B.5.

5. The entire area reforested pursuant to PCC 18H.30.050 B.3. or 18H.30.050 B.4. requires at a minimum 190 tree seedlings per acre survive for at least one growing season.

6. Trees and seedlings shall be of a commercial tree species native to the Puget Sound Basin. Reforested areas, wherever possible, should represent a mix of coniferous and hardwood native tree species.

7. The trees and seedlings to be replanted shall be free from injury, pests, disease and nutritional disorders.

8. It is recommended, wherever possible, that replanting within the harvest area take into consideration the long term functionality of the forest stand and connectivity with other habitat areas.