12.12.060 Criteria for approval.
A forest practices/land clearing permit application shall be evaluated by the city and the permit granted if it is determined that the proposed forest practice or land clearing activity:
A. Promotes the public health, safety, and general welfare of the citizens of Bothell;
B. Is consistent with Imagine Bothell… Comprehensive Plan goals and policies fostering sensitive treatment of the city’s natural vegetation, including but not limited to LU-G7, LU-G8, LU-P10, LU-P11, NE-G1, NE-G2, NE-G3, NE-P5 and UD-P7;
C. Complies with the requirements of Chapter 12.18 BMC, Tree Retention and Landscaping, including but not limited to retention of significant trees;
D. Complies with the requirements of BMC Title 13, Shoreline Management, as applicable;
E. Complies with the requirements, purpose and provisions of BMC Title 14, Environment;
F. Complies with the requirements of the Bothell design and construction standards and specifications, including but not limited to installation and maintenance of erosion and sedimentation control before, during and after the forest practice or land clearing activity;
G. Complies with all other applicable requirements of the Bothell Municipal Code and Bothell design and construction standards and specifications;
H. Prevents the indiscriminate removal or destruction of trees and ground cover on undeveloped and partially developed property, and significantly retains the effect of the wooded slopes and the existing tree top line as seen from the valley floors, also known as the “feathered edge”;
I. Promotes building-planning and site-planning practices that are consistent with the city’s natural topographical and vegetational features;
J. Retains clusters of trees for the abatement of noise and for wind protection;
K. Additionally, applications for permits to conduct forest practices or for conversions to uses other than commercial timber operation shall be evaluated for compliance with the requirements of the state Forest Practices Act as set forth in Chapter 76.09 RCW, including but not limited to the following sections:
1. Legislative finding and declaration, as set forth in RCW 76.09.010;
2. Rules establishing classes of forest practices – Applications for classes of forest practices – Approval or disapproval – Notifications – Procedures – Appeals – Waivers, as set forth in RCW 76.09.050;
3. Form and content of notification and application – Reforestation requirements – Conversion of forest land to other use – New applications – Approval – Emergencies, as set forth in RCW 76.09.060;
4. Forest practices permit – Habitat incentives agreements, as set forth in RCW 76.09.063;
5. Forest practices application or notification – Fee, as set forth in RCW 76.09.065;
6. Application for forest practices – Owner of perpetual timber rights, as set forth in RCW 76.09.067;
7. Reforestation – Requirements – Procedures – Notification on sale or transfer, as set forth in RCW 76.09.070;
8. Forest practices – County, city or town to regulate – When – Adoption of development regulations – Enforcement – Technical assistance – Exceptions and limitations – Verification that land not subject to a notice of conversion to nonforestry uses – Reporting of information to the department of revenue, as set forth in RCW 76.09.240;
9. Notice of conversion to nonforestry use – Denial of permits or approvals by the county, city, town or regional governmental entity – Enforcement, as set forth in RCW 76.09.460; and
10. Conversion of land to nonforestry use – Action required of landowner – Action required of county, city, town or regional governmental entity, as set forth in RCW 76.09.470. (Ord. 2041 § 4 (Exh. B), 2010; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996. Formerly 12.12.050).