30.28.086 Off-road vehicle (ORV) use areas - submittal requirements and development standards for ORV use areas.
(1) Submittal requirements. Conditional use permit applications for a proposed ORV use area are subject to the submittal requirements of SCC 30.70.030 and shall include the following additional information:
(a) A proposed ORV site plan pursuant to subsection (3) of this section, which shall be clear, precise, and drawn to scale.
(b) A proposed ORV operations plan pursuant to subsection (4) of this section.
(c) The following maps, which may be submitted separately or included with the proposed ORV site plan required by subsection (3) of this section:
(i) a vicinity map;
(ii) a zoning map of the proposed site and surrounding properties;
(iii) a DNR forest grade map of the property, if available; and
(iv) a map depicting surrounding land uses at a scale no smaller than 50 feet to one inch. Distances from residential dwellings, bed and breakfast inns or guesthouses, schools, resorts, hospitals, sanitarium, nursing or convalescent facilities shall be noted on the site plan. Owners of such properties located within 2,000 feet of the ORV use area boundaries shall be identified by name and address on a map.
(d) A signed statement agreeing to indemnify and hold harmless the county, its employees, agents, representatives, and elected and appointed officials from any and all claims made against them arising from the operation or use of the ORV use area. If the ORV use area operator designated pursuant to subsection (4)(a) of this section is a person or an entity other than the applicant for the ORV use area permit, then that person or entity shall also submit a signed statement agreeing to indemnify and hold harmless the county, its employees, agents, representatives, and elected and appointed officials from any and all claims made against them arising from the operation or use of the ORV use area.
(2) Development standards. Conditional use permits for ORV use areas shall require compliance with the site plan and operations plan approved by the hearing examiner pursuant to subsections (3) and (4) of this section, respectively, and shall include conditions that ensure compliance with the following requirements:
(a) ORV use areas shall be located so as to minimize impacts to nearby communities and other land uses. ORV use areas shall be located no less than 250 feet from the boundary of any existing residential dwelling unit, bed and breakfast inn or guesthouse, school, hospital, sanitarium, resort, church, or nursing or convalescent facility, unless the conditional use permit application includes a written affidavit from the current owner of the residence or facility approving of the proposed ORV use area.
(b) ORV use areas shall be planned and designed so as to minimize the disturbance and conversion of commercial forest land. To the greatest extent possible, development activity shall be located on the lowest feasible timber land grade available on the subject property as graded by DNR or other grading system approved by the department. The ORV use area shall be subject to conditions that minimize impacts to forest practices and avoid forest practice conversion.
(c) Trailheads shall be located on access roads that adequately meet projected travel demand.
(d) Trail design shall meet U.S. Forestry Standards and Specifications for Construction and Maintenance of Trails, United States Department of Interior, USFS for control of erosion, drainage management, soil stability and safety.
(e) No land clearing shall be allowed for the primary purpose of providing spectator seating or viewing areas.
(f) Off-road vehicle use shall comply with all applicable county codes.
(g) Parking shall only be allowed in the ORV park trailhead, or other approved parking areas in campgrounds, and shall not be permitted in the rights-of-way of county access roads.
(h) Signage shall be allowed pursuant to SCC 30.27.060(5).
(i) Campgrounds may be located within an ORV use area boundary. The area included in the campground shall not be considered in determining whether a proposed ORV use area satisfies the minimum size or locational requirements in SCC 30.28.080(2). Campground design shall be considered in conjunction with an ORV park conditional use permit review subject to all applicable regulations including but not limited to SCC 30.22.130(32).
(j) Conditional use permit contact information, indemnification documentation, and required affidavits shall be kept current. Within two weeks of any transfer of ownership or responsibility, the contact information, indemnification documentation, including the agency name, contact name, address, and telephone and fax numbers, shall be submitted to the department referencing the conditional use permit file number.
(3) ORV site plan. Site plans submitted for a proposed ORV use area pursuant to subsection (1) of this section shall be approved by the hearing examiner, consistent with ORV permit conditions imposed pursuant to subsection (2) of this section. An ORV site plan must include the following:
(a) One or more maps showing:
(i) The area and dimension of the proposed ORV use area.
(ii) All adjoining rights-of-way and access points.
(iii) The location of all existing and proposed uses, public road crossings, and perimeter setbacks required by SCC 30.32A.120, as well as the dimensions of any existing or proposed structure, trailhead, camping area, or special activity area.
(iv) The general location of trails and any alternate trails and their design standards.
(v) Critical areas located in proposed ORV use area, as well as all applicable buffers and proposed stream crossings.
(vi) The location of all signage, including boundary, interpretative, regulatory, safety and directional signage.
(vii) The location of on-site waste collection facilities, which shall be required.
(b) Narrative text addressing each of the following:
(i) The location and physical features of the proposed ORV use area.
(ii) The existing and proposed uses of the proposed ORV use area.
(iii) The types of special events, if any, which would occur at the proposed ORV use area.
(iv) Trail construction standards and classes of trails for the proposed ORV use area.
(v) If the trails are proposed for organized competitive events, a statement describing how the trail designs for the proposed ORV use area comply with insurance industry standards.
(vi) If the proposed ORV use area is to be developed in phases, a description of each project phase and a timetable for completion.
(vii) The name of the proposed ORV use area.
(viii) The name of the owner and operator, with address and phone numbers.
(ix) A legal description of the proposed ORV use area.
(x) The name, address and telephone number of the firm that prepared the site plan.
(4) ORV operations plan. Operations plans submitted for a proposed ORV use area pursuant to subsection (1) of this section shall be approved by the hearing examiner, consistent with permit conditions imposed pursuant to subsection (2) of this section. An ORV operations plan must address the following:
(a) The name, address and phone number of the property owner, or an entity authorized by the property owner, that will be responsible for operation of the proposed ORV use area.
(b) Best management practices for proposed ORV use area, including trail design, construction, and maintenance, as well as forest practices stewardship.
(c) Environmental monitoring to evaluate trail usage problems and environmental impacts of the proposed ORV use area, as well as a description of expected impacts on critical areas, visual resources, cultural sites, wildlife and surrounding land uses.
(d) Park development and management of the proposed ORV use area, including required or proposed insurance policies.
(e) Safety training and education for the proposed ORV use area, to be coordinated with dedicated clubs and user groups.
(f) Security measures to be implemented for the proposed ORV use area, including fencing (if any), boundary protection, accident reporting procedures, and trespassing management plans.
(g) Special event programming and management for the proposed ORV use area, which must comply with the requirements of chapter 6.37 SCC for events and assemblies.
(h) Park rules and regulations for the proposed ORV use area, which must be posted at trailheads and trail access points. At a minimum, the rules and regulations for an ORV use area must address the following:
(i) Hours of operation for the proposed ORV use area and a prohibition on ORV use outside of those hours.
(ii) Schedules for facility and trail maintenance, as well as waste collection.
(iii) A prohibition on ORV use in or upon any waters of any stream, bog, river, creek, wetland, or marsh unless specifically permitted by the ORV use area permit.
(iv) A requirement that all lighting be directed away from adjoining properties.
(5) Alterations to approved ORV site plan or operations plan. Proposed alterations to a site plan or operations plan approved for an ORV use area pursuant to this section shall be considered a minor permit revision, provided that the revision would minimize environmental damage or improve safety. All other revisions shall be considered major revisions and shall require approval pursuant to the requirements of this section. (Added by Amended Ord. 05-146, Jan. 18, 2006, Eff date Feb. 12, 2006; Amended by Amended Ord. 13-050, Aug. 28, 2013, Eff date Sept. 19, 2013).