22.86.100 Request for removal of development moratoria.
The hearing examiner may consider the removal of a six-year development moratorium established pursuant to Chapter 76.09 RCW when the applicant strictly meets the following requirements:
A. Any property owner subject to a moratorium may request a release from the six-year moratorium by filing such request with the community development department.
B. Following such request, the community development department shall set a date for an open record public hearing, per the noticing requirements of MMC 22.84.050, before the hearing examiner.
C. The hearing examiner shall consider the removal of a development moratorium established pursuant to this chapter when the following criteria are strictly met:
1. The proponent makes application for a land clearing/forest practices permit;
2. The proponent proposes corrective actions to bring the violation into compliance with this chapter and mitigate any existing damage through the submittal of a reforestation plan or mitigation plan, prepared by a qualified professional consistent with Chapter 22.80 MMC;
3. The person requesting the release did not attempt to avoid the review or restrictions of a land clearing/forest practices application.
D. Hearing Examiner Authority.
1. The hearing examiner shall review requests for removal of a development moratorium, any comments received, and applicable city regulations or policies, and may inspect the property before rendering a decision.
2. The hearing examiner may approve the request to remove a development moratorium, approve the request with conditions, require modification of the proposal to strictly comply with specified requirements or local conditions, or deny the request if it fails to comply with requirements of this chapter.
E. Required Written Findings and Determinations. The hearing examiner will address the following items as written findings and determinations before issuing a decision:
1. The removal of the six-year development moratorium will not be detrimental to public health, safety, and general welfare.
2. The removal of the six-year development moratorium will not be injurious to the property or improvements adjacent to the proposal.
3. The removal of the six-year development moratorium will not result in significant adverse environmental impacts.
4. The removal of the six-year development moratorium is consistent and compatible with the goals, objectives, and policies of the comprehensive plan and the provisions of this chapter and other applicable municipal codes. (Ord. 005/2019 § 10 (Exh. B))