Chapter 4.14
CONSERVATION FUTURES PROPERTY TAX FUND

Sections:

4.14.010    Purpose.

4.14.020    Real property tax levy imposed.

4.14.030    Fund established.

4.14.040    Use of fund.

4.14.050    Fund manager.

4.14.060    Severability.

4.14.070    Effective date of tax levy.

4.14.080    Establishment of a conservation futures program advisory board.

4.14.100    Prioritization of projects.

4.14.110    Repealer.

4.14.010 Purpose.

It is hereby declared to be in the public interest and to be a county purpose to adopt and impose a property tax levy as authorized by RCW 84.34.230 and to create a special fund to which all such levy proceeds shall be credited. The purpose of the fund so created is to acquire interests or rights in real property for the preservation of open space land, farm and agricultural land, and timber land, and to maintain and operate any property acquired with resources of the fund.

(Added Ord. 88-097, § 1, Nov. 21, 1988; Ord. 03-056, July 2, 2003, Eff date July 17, 2003; Amended by Ord. 10-105, Nov. 22, 2010, Eff date Dec. 20, 2010).

4.14.020 Real property tax levy imposed.

Pursuant to RCW 84.34.230, there is hereby imposed a real property tax levy to be applied against all taxable real property within Snohomish county. The levy shall be applied pursuant to RCW 84.52.010 at a rate of up to six and one-quarter cents per thousand dollars of assessed valuation.

(Added Ord. 88-097, § 1, Nov. 21, 1988; Ord. 03-056, July 2, 2003, Eff date July 17, 2003; Amended by Ord. 10-105, Nov. 22, 2010, Eff date Dec. 20, 2010).

4.14.030 Fund established.

A special fund is hereby established, as provided for under RCW 84.34.240, which shall be known as the conservation futures fund and to which shall be credited all taxes levied pursuant to this chapter.

(Added Ord. 88-097, § 1, Nov. 21, 1988; Ord. 03-056, July 2, 2003, Eff date July 17, 2003).

4.14.040 Use of fund.

(1) Amounts placed in the conservation futures fund shall be used solely to acquire rights and interests in open space land, farm and agricultural land, and timberland, as such are defined in chapter 84.34 RCW so as to protect, preserve, maintain, improve, restore, limit the future use of, or otherwise conserve the property for public use or enjoyment, and for maintaining and operating any property acquired with these funds. Until withdrawn for such use, the monies accumulated in the fund may be invested in interest bearing securities by the fund manager designated pursuant to SCC 4.14.050 in any manner authorized by law.

(2) Any rights or interest in real property acquired under this section after July 24, 2005, must be located within the county. The amount of revenue used for maintenance and operations of parks and recreational land may not exceed 15 percent of the total amount collected under this chapter in the preceding calendar year. Revenues from this tax may not be used to supplant existing maintenance and operation funding.

(Added Ord. 88-097, § 1, Nov. 21, 1988; Ord. 03-056, July 2, 2003, Eff date July 17, 2003; Amended by Ord. 10-105, Nov. 22, 2010, Eff date Dec. 20, 2010).

4.14.050 Fund manager.

The county executive shall designate a fund manager, whose name and title shall appear on the master list of fund managers maintained in the department of budget and finance.

(Added Ord. 88-097, § 1, Nov. 21, 1988; Ord. 03-056, July 2, 2003, Eff date July 17, 2003).

4.14.060 Severability.

If any provision of this chapter or its application to any person or circumstance are to be held invalid, the remainder of this chapter or any provision to other persons or circumstances is not affected.

(Added Ord. 88-097, § 1, Nov. 21, 1988; Ord. 03-056, July 2, 2003, Eff date July 17, 2003).

4.14.070 Effective date of tax levy.

The tax levy adopted herein shall be effective on the first day of January, 1989.

(Added Ord. 88-097, § 1, Nov. 21, 1988; Ord. 03-056, July 2, 2003, Eff date July 17, 2003).

4.14.080 Establishment of a conservation futures program advisory board.

(1) A conservation futures program advisory board is hereby established to implement Ordinance No. 88-097. The board shall make recommendations to the council for acquisition projects to be funded as part of the conservation futures program and shall develop strategic, long-term plans for the program; provided, however, that:

(a) recommendations concerning use of the conservation futures fund to purchase certified development rights pursuant to SCC 30.35A.130 shall be made solely by the TDR advisory committee pursuant to SCC 30.35A.140; and

(b) that recommendations concerning the use of conservation futures funds to purchase conservation easements under the Purchase of Development Rights (PDR) program shall be made solely by the director of the Department of Planning and Development Services, or his or her designee, consistent with administrative rules adopted pursuant to SCC 4.14.100.

(2) The conservation futures program advisory board shall consist of the Snohomish county executive (or his designee); two members of the Snohomish county council; one elected official selected by all cities and towns whose population base, independently, is 10,000 or greater; one elected official selected by all cities and towns whose population base, independently, is less than 10,000; and two members representing residents of Snohomish county. Terms of board members shall be limited to four years. A member shall serve a maximum of three consecutive terms. The two community representative appointments shall be made pursuant to chapter 2.03 SCC, and should represent different geographic areas of the county.

(3) Recommendations from the board shall be forwarded to the county executive for transmittal to the county council for final action.

(Added by Amended Ord. 89-107, September 20, 1989; Ord. 03-056, July 2, 2003, Eff date July 17, 2003; Ord. 05-041, July 6, 2005, Eff date July 24, 2005; Ord. 06-028, May 31, 2006, Eff date June 15, 2006; Amended by Amended Ord. 10-105, Nov. 22, 2010, Eff date Dec. 20, 2010)

4.14.100 Prioritization of projects.

(1) The conservation futures program advisory board shall use the fund allocation criteria set forth in subsection (2) below as a preliminary threshold in making its recommendations for funding for proposed acquisition projects. Such criteria may be used by the board in conjunction with other considerations developed to help prioritize proposed projects for submittal to the council for approval; provided, however, that:

(a) recommendations concerning proposals to purchase certified development rights pursuant to SCC 30.35A.130 shall be made solely by the TDR advisory committee pursuant to separate review criteria set forth in SCC 30.35A.140(3)(b);

(b) recommendations concerning proposals to purchase conservation easements under the Purchase of Development Rights (PDR) program shall be made solely by the director of the Department of Planning and Development Services, or his or her designee, consistent with separate review criteria adopted by the director of the Department of Planning and Development Services by administrative rule pursuant to the requirements of SCC 30.82. Rules adopted pursuant to this section shall contain ranking criteria intended to focus expenditures on productive agricultural properties that are at risk of conversion to non-agricultural uses.

(2) Fund Allocation Criteria. To identify and select projects for acquisition by the county, each proposal shall be evaluated to determine whether it:

(a) Has regional or community-wide significance;

(b) Provides multi-jurisdictional benefit;

(c) Enhances or complements an ongoing conservation or preservation program;

(d) Conserves opportunities which are otherwise threatened by development;

(e) Comprises a portion of a continuum of projects which collectively implement a complete project or objective;

(f) Complies with one or more open space program policies and criteria;

(g) Comprises an entire project;

(h) Establishes a trail corridor and/or natural area linkage.

(3) Recommendations for funding made pursuant to this section shall comply with the requirements of RCW 84.34.230 and 84.34.240, if applicable, and include an analysis of whether the projects promote or inhibit the goal of distributing the tax levied under this chapter, over time, throughout the county.

(Added by Amended Ord. 89-107, § 3, September 20, 1989; Ord. 05-041, July 6, 2005, Eff date July 24, 2005; Ord. 06-028, May 31, 2006, Eff date June 15, 2006; Amended by Ord. 10-105, Nov. 22, 2010, Eff date Dec. 20, 2010).

4.14.110 Repealer.

REPEALER WAS REPEALED and OTHER SECTIONS WERE RE-ENACTED by ORDINANCE NO. 03-056 - EFFECTIVE DATE JULY 17, 2003

(Added by Amended Ordinance No. 89-107, § 4, September 20, 1989; Amended Ord. 94-094, § 1, September 28, 1994; Amended Ord. 97-045, § 20, May 21, 1997, Eff date June 6, 1997; Ord. 03-056, July 2, 2003, Eff date July 17, 2003).

*Code reviser’s note: SCC 4.14.080, 4.14.090, 4.14.100 and 4.14.110 shall become effective January 1, 1990.

*Code reviser’s note: SCC 4.14.090 was repealed effective Dec. 20, 2010 by Ordinance No. 10-105.