30.43F.240 Request for single-family dwelling moratorium waiver.
(1) An applicant may apply for a waiver of a six-year development moratorium for up to two acres of a site subject to the six-year development moratorium described in SCC 30.43F.220. A moratorium waiver is the mechanism by which the six-year development moratorium is removed from a portion of a site, not to exceed two acres, solely for the construction of one single-family dwelling, permitted accessory structures, lawn and landscaped area, and access road, together with site development activities necessary to construct the dwelling, subject to the procedures and conditions described in this section SCC 30.43F.240. If the waiver is granted, the six-year development moratorium shall remain in effect for the remainder of the subject site.
(2) Applications.
(a) An applicant shall submit an application for a single-family dwelling moratorium waiver in compliance with the submittal requirements in SCC 30.70.030.
(b) A binding written commitment must be submitted to and approved by the department, and recorded by the applicant with the county auditor, so as to run with the subject parcel(s) which:
(i) Contains a site plan depicting the building site area, any critical areas within the building site area, and access roads;
(ii) Affirms that critical areas or critical area buffers have not been damaged or damage to critical areas or critical area buffers have been restored, pursuant to chapter 30.62A SCC; and
(iii) Commits the applicant to complete the reforestation in accordance with applicable forest practices reforestation requirements for areas other than the building site area.
(3) Review Criteria. The department may approve an application for a single-family dwelling moratorium waiver on land subject to a development moratorium if all of the following criteria are satisfied:
(a) The parcel has legal lot status;
(b) The building site area proposed for development shall not exceed two acres in size;
(c) Aside from the actions described in SCC 30.43F.220(1) that triggered imposition of the six-year development moratorium, the site is in compliance with all applicable provisions of the Snohomish County Code;
(d) The single-family waiver of the six-year development moratorium will not be detrimental to the public health, safety, and general welfare;
(e) The single-family waiver of the six-year development moratorium will not be injurious to the property or improvements adjacent to and in the vicinity of the proposal; and
(f) The single-family waiver of the six-year development moratorium will not result in significant adverse environmental impacts.
(4) Appeal. An appeal of the department’s decision on an application for a waiver from the six-year development moratorium must state the basis for the appeal and be submitted in writing to the director within 30 days of the decision date. The director shall issue a written decision on the appeal to the landowner and to the appellant within 30 calendar days of receipt of the appeal request. The director’s decision constitutes a final decision. (Added by Amended Ord. 15-033, June 3, 2015, Eff date June 19, 2015).