Chapter 30.35A
TRANSFER OF DEVELOPMENT RIGHTS

Sections:

30.35A.010    Transfer of development rights (TDR) purpose and applicability.

30.35A.015    Exemptions.

30.35A.020    TDR overview.

30.35A.025    Designation of TDR sending areas.

30.35A.030    TDR sending sites.

30.35A.040    TDR sending site calculations.

30.35A.050    Certification of development rights and issuance of TDR certificates.

30.35A.060    TDR conservation easement.

30.35A.070    Conveyance of certified development rights.

30.35A.080    TDR receiving areas.

30.35A.090    Reserved.

30.35A.100    Development allowed in TDR receiving areas with TDR credits.

30.35A.110    Reserved.

30.35A.115    Application of TDR certificates to receiving sites and extinguishment of TDR certificates.

30.35A.120    Reserved.

30.35A.125    Interlocal agreements for incorporated TDR receiving areas.

30.35A.130    TDR purchase, holding, and sale of certified development rights.

30.35A.140    Repealed.

30.35A.150    Repealed.

30.35A.010 Transfer of development rights (TDR) purpose and applicability.

(1) Purpose. The purpose of this chapter is to establish a voluntary and incentive-based process, based on free market principles, to conserve natural resource and open space lands for the use and enjoyment of future generations by allowing the transfer of development rights from lands with significant conservation values to lands considered more appropriate for development. This chapter creates a TDR program within Snohomish County, provides for county participation in the regional TDR program authorized by chapter 43.362 RCW, and complies with requirements in state law for the county to participate in the local infrastructure project areas program authorized by chapter 39.108 RCW. Subject to the requirements of this chapter, the transfer of development rights from sites located within TDR sending areas to sites located within TDR receiving areas is allowed in order to:

(a) permanently preserve natural resource and open space lands with countywide public benefit;

(b) provide flexibility and better use of land and building techniques;

(c) help preserve commercial farmlands and forest lands by reducing residential development within such areas;

(d) implement the goals, policies, and objectives of the comprehensive plan; and

(e) comply with requirements in state law to allow Snohomish County to participate in the regional TDR program.

(2) Applicability. This chapter establishes requirements for:

(a) determining the number of certified development rights that a sending site is eligible to transfer;

(b) issuing TDR certificates reflecting the number of certified development rights that a sending site is eligible to transfer;

(c) conveying TDR certificates and recording conservation easements that restrict development on sending sites;

(d) qualifying TDR sending sites and TDR receiving sites;

(e) applying certified development rights to TDR receiving sites and the extent of increased development allowed on receiving sites;

(f) purchasing, holding and selling certified development rights by the county; and

(g) interlocal agreements providing for the use of TDR certificates within incorporated TDR receiving areas.

(Added Amended Ord. 04-123, Dec. 15, 2004, Eff date March 15, 2005; Amended Ord. 06-046, July 19, 2006, August 5, 2006; Amended by Amended Ord. 13-064, Sept. 4, 2013, Eff date Oct. 19, 2013)

30.35A.015 Exemptions.

The following types of development are exempt from the provisions of this chapter when located in a TDR receiving area:

(1) Single family, duplex, or unit lot subdivisions submitted under chapters 30.41A or 30.42B SCC;

(2) Single family, duplex, or unit lot subdivisions submitted under chapters 30.41B or 30.42B SCC;

(3) Single family detached units or duplexes submitted under chapter 30.41F SCC;

(4) Cottage housing submitted under chapter 30.41G SCC; and

(5) Duplex building permits in R-9600, R-8400 and R-7200 zones.

(Added by Ord. 16-015, March 2, 2016, Eff date March 17, 2016; Amended by Amended Ord. 16-044, Aug. 31, 2016, Eff date Sept. 12, 2016; Amended by Amended Ord. 16-073, Dec. 21, 2016, Eff date Feb. 19, 2017)

30.35A.020 TDR overview.

(1) Issuance and conveyance of TDR certificates. Subject to the requirements of this chapter, sending site owners may obtain from the department serially numbered TDR certificates reflecting the number of certified development rights that may be transferred from the sending site owner to a purchaser, and which may thereafter be freely transferred from purchaser to purchaser until ultimately applied to a receiving site located within a receiving area. The number of certified development rights that can be transferred from a sending site is determined based on the size, zoning, and current development of the sending site. TDR certificates may be applied to receiving sites pursuant to the requirements of this chapter or pursuant to an interlocal agreement.

(2) Grant of TDR conservation easement. TDR certificates may be issued in exchange for a conservation easement granted to the county pursuant to the requirements of this chapter. The TDR conservation easement is used to conserve the sending site for which TDR certificates are certified by removing the potential for future dwelling units, subdivision, short subdivision, or boundary line adjustments. For the purposes of this section, accessory apartments, farm worker dwellings and temporary dwellings are not considered dwellings units.

(3) Application of certified development rights to receiving areas. Subject to the requirements of this chapter or applicable city regulations, certified development rights, as reflected by properly issued TDR certificates, may be used to obtain development incentives within designated TDR receiving areas.

(4) Any certified development rights purchased by the county under the terminated TDR pilot program may be held by the county for subsequent resale.

(Added Amended Ord. 04-123, Dec. 15, 2004, Eff date March 15, 2005; Amended Ord. 06-046, July 19, 2006, Eff date August 5, 2006; Amended by Amended Ord. 13-064, Sept. 4, 2013, Eff date Oct. 19, 2013; Amended by Amended Ord. 17-050, Sept. 27, 2017, Eff date Oct. 14, 2017)

30.35A.025 Designation of TDR sending areas.

(1) All land designated on the future land use map as Local Commercial Farmland, Upland Commercial Farmland, Riverway Commercial Farmland, Commercial Forest, Local Forest, and Commercial Forest - Forest Transition Area is designated as a sending area from which certified development rights can be transferred.

(2) To allow rural landowners to participate in the TDR program and expand the permanently protected base of designated natural resource lands, land currently in rural land use designations shall be designated as a sending area if it meets all of the following conditions:

(a) it is a minimum of five contiguous acres if proposed for redesignation to farmland or a minimum of 40 contiguous acres if proposed for redesignation to forest land;

(b) the zoning of the land at the time of the TDR application requires a minimum lot area of at least 200,000 square feet;

(c) the land is enrolled in the open space tax program as Open Space Farm and Agriculture or Open Space Timber at the time of the TDR application;

(d) the land is in active commercial agriculture or forest use; and

(e) the land is redesignated to a farmland or forest land use designation and rezoned to a corresponding resource zone before or at the time of issuance of TDR certificates.

(3) The county may designate additional sending areas by interlocal agreement or development agreement if it finds that the area to be designated has significant conservation, watershed, habitat, open space, or natural resource values, or its conservation meets other state and regionally adopted priorities.

(4) Based on a completed application by a landowner, the county council may by motion designate additional sending areas if it finds that the area to be designated has significant conservation, watershed, habitat, open space, or natural resource values, or its conservation meets other state and regionally adopted priorities.

(Added by Amended Ord. 13-064, Sept. 4, 2013, Eff date Oct. 19, 2013)

30.35A.030 TDR sending sites.

In order for development rights to be certified for a sending site pursuant to SCC 30.35A.050 or transferred from a sending site pursuant to SCC 30.35A.080, all of the following requirements must be met:

(1) Location within a sending area required. The sending site must be located within a designated sending area. However, the sending site need not include all land owned by the applicant within the sending area provided that all requirements of this section are met.

(2) Sending site must follow established lot lines. The boundaries of a sending site must follow established lot lines and cannot include less than the entire portion of a lot, as defined in Title 30 SCC.

(3) Inclusion of substandard lots required. A sending site must include any lots that have substandard area under current zoning where such lots are adjacent to and contiguous with land included within the sending site and are owned by the sending site landowner.

(4) Private ownership required. The sending site must be owned by a private individual or entity, and may not be owned by municipal corporations, special purpose districts, or government bodies.

(5) Minimum size. The sending site must include at least five contiguous acres of land.

(6) Code compliance required. If the sending site is the subject of code enforcement action by the county, the person responsible upon whom a notice for a violation has been served pursuant to chapter 30.85 SCC must resolve these violations, including any required abatement, restoration, or payment of civil penalties, before development rights for the sending site may be certified or transferred by a sending site landowner.

(7) Forest practices compliance required. For lots on which the entire lot or a portion of the lot has been cleared or graded pursuant to a Class II, III or IV special forest practices permit as defined by RCW 76.09.050 within the six years prior to application for certification or transfer of development rights, the applicant must provide an affidavit of compliance with the reforestation requirements of RCW 76.09.070, WAC 222-34-010 and any additional reforestation conditions of their forest practice permit. Lots that are subject to a six-year moratorium on development applications pursuant to RCW 76.09.060 shall not be qualified as TDR sending sites until such moratoria have expired or been lifted.

(Added Amended Ord. 04-123, Dec. 15, 2004, Eff date March 15, 2005; Amended by Amended Ord. 08-062, Oct. 1, 2008, Eff date Nov. 1, 2008; Amended by Amended Ord. 13-064, Sept. 4, 2013, Eff date Oct. 19, 2013)

30.35A.040 TDR sending site calculations.

(1) Calculation for transfer purposes only. The determination of the number of certified development rights that a sending site is eligible to transfer shall be valid for transfer purposes only and shall not entitle the sending site landowner to building permits or other development approvals.

(2) Calculation for countywide and regional certified development rights. The number of certified development rights that a sending site is eligible to transfer through the countywide TDR program or the regional TDR program shall be:

(a) the number of legal, existing, unimproved lots larger than 5,000 square feet and not counted in subsection (2)(b) of this section;

(b) plus the sum of:

(i) the area in acres of lots not counted in subsection (2)(a) of this section and designated as Commercial Forest, Local Forest, or Commercial Forest - Forest Transition Area on the Comprehensive Plan Future Land Use Map, minus any area already subject to a conservation easement or similar encumbrance, divided by 80 acres, rounded down to the nearest whole number; plus

(ii) the area in acres of lots not counted in subsection (2)(a) of this section and designated as Low Density Rural Residential on the Comprehensive Plan Future Land Use Map, minus any area already subject to a conservation easement or similar encumbrance, divided by 20 acres, rounded down to the nearest whole number; plus

(iii) the area in acres of lots not counted in subsection (2)(a) of this section and designated as Local Commercial Farmland, Upland Commercial Farmland, Riverway Commercial Farmland, Rural Residential-10, or Rural Residential-10 (Resource Transition) on the Comprehensive Plan Future Land Use Map, minus any area already subject to a conservation easement or similar encumbrance, divided by 10 acres, rounded down to the nearest whole number; plus

(iv) the area in square feet of lots not counted in subsection (2)(a) of this section and designated as Rural Residential-5, Rural Residential, or Rural Residential RD on the Comprehensive Plan Future Land Use Map, minus any area already subject to a conservation easement or similar encumbrance, divided by 200,000 square feet, rounded down to the nearest whole number;

(v) minus the number of existing dwelling units on all lots in the sending site. For the purposes of this section, accessory apartments, farm worker dwellings and temporary dwellings are not considered dwellings units.

(3) Limited ability to exchange certified development rights. Certified development rights issued for the terminated TDR pilot program can be converted to certified development rights for the countywide and regional TDR programs by applying and paying the fees to obtain certified development rights under the countywide TDR program. In addition to all other application requirements, the original TDR certificates issued under the terminated TDR pilot program must be provided to and extinguished by Snohomish County when the new TDR certificates are issued, and the original conservation easement must be vacated and replaced with a conservation easement pursuant to SCC 30.35A.060.

(4) TDR calculation final. Except as otherwise provided by SCC 30.35A.050(4)(c), the final determination of the number of certified development rights that a sending site is eligible to transfer is the administrative authority of the director in accordance with chapter 30.81 SCC and shall not be revised due to subsequent rezones or other changes to the sending site.

(Added Amended Ord. 04-123, Dec. 15, 2004, Eff date March 15, 2005; Amended by Amended Ord. 08-101, Jan. 21, 2009, Eff date April 21, 2009; Amended by Amended Ord. 13-064, Sept. 4, 2013, Eff date Oct. 19, 2013; Amended by Amended Ord. 17-050, Sept. 27, 2017, Eff date Oct. 14, 2017)

30.35A.050 Certification of development rights and issuance of TDR certificates.

(1) Subject to the requirements of this section, sending site landowners may obtain TDR certificates which can be transferred pursuant to SCC 30.35A.070 and used by receiving area landowners to obtain density bonuses or other incentives established in this chapter. The required process for obtaining TDR certificates includes the application process in subsection (2) of this section, the certification process in subsection (3) of this section, and the issuance process in subsection (4) of this section.

(2) Application for TDR certificates. In order to obtain TDR certificates, the sending site owner(s) must submit an application for TDR certificates. The department shall use the application to determine whether the sending site meets the requirements of SCC 30.35A.030 and, if so, the number of certified development rights that the sending site is eligible to transfer pursuant to SCC 30.35A.040. The application shall include all of the following:

(a) Legal description and parcel numbers of the sending site for which TDR certificates are sought.

(b) The following documents, shall be used as the basis for determining the number of certified development rights for which the sending site is eligible pursuant to SCC 30.35A.040:

(i) If the sending site consists of one or more undivided tax parcels, the applicant(s) shall provide either official records from the Snohomish County assessor or a survey that has been prepared and stamped by a surveyor licensed in the state of Washington.

(ii) If the sending site consists of lots within one or more tax parcels, the applicant(s) shall provide a survey that has been prepared and stamped by a surveyor licensed in the state of Washington.

(iii) If one or more single family dwellings or other residential, commercial, or industrial structures exist on the sending site, the applicant(s) shall submit a site map showing the location of each dwelling or structure.

(iv) A calculation, on a form provided by the county, of the number of credits that may be certified. The calculation will be subject to review and approval by the director.

(c) A title report issued no longer than 30 days prior to the date of application confirming that the ownership interest(s) in the sending site are in the name(s) of the person(s) whose signature(s) appear on the application for TDR certificates and that there are no existing conservation easements or similar encumbrances on the sending site other than an existing TDR conservation easement that will be vacated if the application is a request to exchange TDR credits issued under the terminated TDR pilot program for TDR credits that can be used in the countywide program.

(d) A declaration by the applicant(s), pursuant to SCC 30.35A.030(3), stating that the sending site is not adjacent to any lot that has substandard area under current zoning and is held in common ownership with the sending site.

(e) A declaration by the applicant(s) stating all liens, if any, that are recorded against the sending site.

(f) A review fee pursuant to SCC 30.86.135.

(g) When the information required by subsection (2) of this section is inadequate or unavailable, the department may require additional documentation from the applicant(s) or rely on information contained in the county geographic information system or other county records.

(3) Certification of TDR certificates. Following review and approval of an application for TDR certificates, the department shall issue a TDR certificate letter of intent. The letter shall contain a determination of the number of development rights calculated for the sending site pursuant to SCC 30.35A.040, the land use designation and zoning of the sending site, and an agreement by the department to issue a corresponding number of TDR certificates in exchange for a sending site conservation easement granted to the county by the sending site owner pursuant to SCC 30.35A.060. The certificate letter of intent shall have no value and cannot be transferred or used to obtain increased development rights within receiving areas.

(4) Issuance of TDR certificates.

(a) A conservation easement pursuant to SCC 30.35A.060 for the sending site shall be approved and accepted by the county prior to issuing any TDR certificates. If the application is to exchange credits issued under the terminated TDR pilot program for TDR credits that can be used in the countywide program, the original TDR pilot program conservation easement shall also be vacated.

(b) As provided by the TDR certificate letter of intent, the department shall issue serially numbered TDR certificates to the sending site owner upon acceptance of a conservation easement pursuant to the requirements of this section and SCC 30.35A.060.

(c) The department shall have 30 days from the date a TDR conservation easement is offered and an inspection fee is accepted by the department to conduct a review of the sending site file and perform a site inspection. If, based on such a review, the department determines that conditions on the sending site are materially different than those documented in the information provided to the department pursuant to subsection (2) of this section, the department shall reject the conservation easement and the TDR certificate letter of intent shall be null and void. Where a TDR certificate has been determined to be null and void pursuant to this subsection, a sending site owner may reapply for TDR certificates and such reapplications shall be subject to the requirements of this section. TDR certificates shall specify the land use designation and zoning of the sending site, which may determine the exchange rate or receiving area ratio in receiving areas.

(Added Amended Ord. 04-123, Dec. 15, 2004, Eff date March 15, 2005; Amended by Amended Ord. 13-064, Sept. 4, 2013, Eff date Oct. 19, 2013; Amended by Amended Ord. 17-050, Sept. 27, 2017, Eff date Oct. 14, 2017)

30.35A.060 TDR conservation easement.

(1) TDR conservation easement required. No TDR certificates shall be issued pursuant to SCC 30.35A.050 unless a conservation easement is accepted by the director pursuant to the requirements of this section.

(2) Acceptance and recording of TDR conservation easement. Subject to the restrictions of SCC 30.35A.050(4)(c), the director shall accept and sign on behalf of the county a conservation easement offered by a sending site owner in exchange for TDR certificates following issuance of a TDR certificate letter of intent; provided, however, that the easement meets the requirements set forth in subsection (3) of this section. Following acceptance of a conservation easement by the director, the department shall record the easement with the county auditor.

(3) Requirements for TDR conservation easement. The conservation easement shall be on a form approved by the prosecuting attorney and shall be reviewed and approved by the department, subject to the requirements of this section. The easement shall contain, at a minimum, all of the following:

(a) The serial numbers of the TDR certificates to be issued by the department on the sending site that is the subject of the conservation easement.

(b) A legal description of the sending site.

(c) A covenant prohibiting any subdivision or short subdivision of the sending site.

(d) A covenant prohibiting the construction of any dwelling unit. The covenant shall allow accessory apartments, farm worker dwellings and temporary dwellings that are subordinate to existing dwelling units.

(e) A covenant prohibiting boundary line adjustments to the sending site.

(f) A covenant that all provisions of the conservation easement shall run with the land and bind the sending site in perpetuity, and may be enforced by the county.

(g) A statement that nothing in the restrictions shall be construed to convey to the public a right of access or use of the property and that the owner of the property, his or her heirs, successors and assigns shall retain exclusive rights to such access or use subject to the terms of the conservation easement.

(h) Additional provisions that are reasonably necessary for the enforcement and administration of the conservation easement as determined by the director, including a covenant granting the county a right of entry, subject to reasonable advance notice, to conduct brief inspections for the sole purpose of determining compliance with the requirements of the easement.

(Added Amended Ord. 04-123, Dec. 15, 2004, Eff date March 15, 2005; Amended by Amended Ord. 13-064, Sept. 4, 2013, Eff date Oct. 19, 2013)

30.35A.070 Conveyance of certified development rights.

(1) Conveyance of certified development rights authorized. Subject to the requirements of this section, TDR certificates issued pursuant to SCC 30.35A.050 may be sold or otherwise conveyed and held indefinitely before certified development rights are applied to a receiving site pursuant to SCC 30.35A.080 through SCC 30.35A.120.

(2) Deed of transferable development rights required. TDR certificates issued pursuant to SCC 30.35A.050 shall be sold or otherwise conveyed only by means of a deed of transferable development rights meeting the requirements of this section.

(3) Recording of deed and notice of transfer. At the time a TDR certificate is conveyed, the parties shall record the deed of transferable development rights documenting the conveyance and shall place a notice on the title of the sending site indicating that a transfer of development rights has occurred and that there is a deed restriction in the form of a conservation easement. The department shall review and approve the deed of transferable development rights, subject to the requirements of this section, prior to its recording. Costs associated with the recordation shall be paid by the seller.

(4) Contents of deed. The deed of transferable development rights required by subsection (3) of this section shall specify the number of certified development rights sold or otherwise conveyed and the land use designation and zoning of the sending site on a form provided by the department and approved by the prosecuting attorney. The deed of transferable development rights must include:

(a) A legal description and map of the sending site.

(b) The names of the transferor and the transferee.

(c) A covenant that the transferor grants and assigns to the transferee a specified number of certified development rights from the sending site.

(d) Proof of ownership of the sending site by the transferor or, if the transferor is not the owner of the sending site, a declaration that the transferor has either:

(i) sold the sending site but retained the TDR certificates issued for the sending site pursuant to SCC 30.35A.050; or

(ii) obtained TDR certificates previously conveyed by an original deed of transferable development rights, which shall be identified by date of execution, the names of the original transferor and transferee, and the volume and page where it was recorded with the auditor.

(e) A covenant by which the transferor acknowledges no further use or right of use with respect to the certified development rights being conveyed.

(f) Certification of the number of certified development rights on the sending site and copies of the TDR certificates issued by the department for the sending site pursuant to SCC 30.35A.050.

(g) Proof of payment to the state of any required excise taxes and payment to the county of recording fees for the transaction.

(h) Proof of the execution and recordation of a conservation easement on the sending site, as required by SCC 30.35A.060.

(i) The signature of the director on behalf of the county upon acceptance of the deed for completeness.

(Added Amended Ord. 04-123, Dec. 15, 2004, Eff date March 15, 2005; Amended by Amended Ord. 13-064, Sept. 4, 2013, Eff date Oct. 19, 2013)

30.35A.080 TDR receiving areas.

(1) Cities. Cities may designate receiving areas and establish policies, procedures, and regulations for the application of certified development rights to receiving areas within their jurisdiction. Where allowed by cities, and subject to city regulations, certified development rights from sending areas in Snohomish County can be applied to receiving areas in cities through interlocal agreements between a city and the county.

(2) Urban Center. All areas zoned Urban Center (UC) are designated as receiving areas. Certified development rights from sending areas in Snohomish County can be applied to receiving sites in Urban Centers to qualify for the development bonuses in SCC 30.34A.035.

(3) Comprehensive plan amendments. All areas where amendments to the comprehensive plan increase the maximum allowable number of lots or dwellings shall be designated as TDR receiving areas.

(4) Rural zoning changes. All rural areas where changes in zoning increase the number of allowable lots or dwellings shall be designated as TDR receiving areas.

(5) Development code amendments and legislative rezones. All areas where amendments to the unified development code, title 30 SCC, or county-initiated rezones increase the maximum allowable number of lots or dwellings shall be designated as TDR receiving areas. Site-specific rezones in urban areas approved through chapter 30.42A SCC do not create TDR receiving areas.

(Added by Amended Ord. 13-064, Sept. 4, 2013, Eff date Oct. 19, 2013)

30.35A.090 Reserved.

30.35A.100 Development allowed in TDR receiving areas with TDR credits.

(1) The maximum number of lots or units permitted in unincorporated receiving areas other than urban centers may be increased up to the maximum allowed by the current or proposed comprehensive plan and development regulations, including bonuses, if TDR credits are used.

(2) The amount of development allowed in unincorporated Snohomish County TDR receiving areas for each TDR credit from farmland shall not exceed:

(a) Ten thousand square feet of floor area in an urban center.

(b) Eight units in a multiple residential development with a density of 12 or more units per acre.

(c) Six units in a multiple residential development with a density of less than 12 units per acre.

(d) Five units in a single family residential development, including cottage housing and planned residential developments, that is inside an Urban Growth Area.

(3) The amount of development allowed in unincorporated Snohomish County TDR receiving areas for each TDR credit from land use designations that are not currently designated farmland, including land that is proposed for redesignation as farmland, shall not exceed:

(a) Five thousand square feet of floor area in an urban center.

(b) Four units in a multiple residential development with a density of 12 or more units per acre.

(c) Three units in a multiple residential development with a density of less than 12 units per acre.

(d) Two units in a single family residential development, including cottage housing and planned residential developments, that is inside an Urban Growth Area.

(Added by Amended Ord. 13-064, Sept. 4, 2013, Eff date Oct. 19, 2013; Amended by Ord. 16-015, March 2, 2016, Eff date March 17, 2016)

30.35A.110 Reserved.

30.35A.115 Application of TDR certificates to receiving sites and extinguishment of TDR certificates.

(1) Application to a TDR receiving site. TDR certificates shall be considered applied to a receiving site when a final decision has been made approving the receiving site development activity for which the TDR certificates are provided.

(2) Effect of applying TDR certificates to a receiving site. TDR certificates that have been applied to a receiving site pursuant to subsection (1) of this section shall be considered void by the county and may not be applied to receiving sites pursuant to this chapter; provided, however, that if a decision approving a receiving site development activity is appealed, the TDR certificates provided in connection with that approval shall not be considered void under this section unless the decision approving the development activity is affirmed following the exhaustion of all administrative and judicial appeals.

(3) TDR extinguishment document required. Upon application to a receiving site pursuant to subsection (1) of this section, the applicant receiving approval of a receiving site development activity shall provide a TDR extinguishment document to the department, if the receiving site is within unincorporated Snohomish County, or to the department and to the city, if the receiving site is in a city. The TDR extinguishment document shall be on a form provided by the department and shall include the serial number of each TDR certificate that has been applied to a receiving site and the legal description of the receiving site to which the certificate(s) have been applied. Extinguishment shall apply to an entire TDR certificate.

(4) Application to sites in cities. Cities that create receiving areas and accept certified development rights from sending areas in unincorporated Snohomish County may adopt additional regulations and procedures for application of certified development rights to receiving sites within their jurisdiction.

(5) The department shall establish and maintain an internal tracking system that identifies all certified transfer of development rights from sending sites in unincorporated Snohomish County to all receiving sites.

(6) Every year, the department shall notify receiving cities and towns of the estimated number of development rights credits remaining in designated sending areas as required by WAC 365-198-050(1)(b).

(Added Amended Ord. 06-046, July 19, 2006, Eff date August 5, 2006; Amended by Amended Ord. 13-064, Sept. 4, 2013, Eff date Oct. 19, 2013)

30.35A.120 Reserved.

30.35A.125 Interlocal agreements for incorporated TDR receiving areas.

(1) Authorization. Subject to final approval by the county council, the county executive is authorized to negotiate and execute interlocal agreements with cities providing for the use of TDR certificates issued pursuant to this chapter in connection with development approvals within incorporated TDR receiving areas designated or zoned by a city. Execution of such agreements by the county shall be subject to the applicable requirements of this chapter and the comprehensive plan.

(2) Substantive requirements. Interlocal agreements executed by the county pursuant to subsection (1) of this section shall provide for the use of TDR certificates issued by the county pursuant to SCC 30.35A.050 in connection with development applications within incorporated TDR receiving areas. Such agreements shall also contain additional provisions necessary to implement the comprehensive plan, including a process by which the city shall provide TDR certificates and an associated TDR extinguishment document to the county following transfer of the TDR certificates to an incorporated receiving site consistent with the requirements of SCC 30.35A.115.

(3) Alternative to interlocal agreements. The terms and conditions for counties in WAC 365-198-050, except for the optional terms in WAC 365-198-050(2), and the joint terms and conditions for counties, cities, and towns in WAC 365-198-060 are incorporated into this section by reference as an alternative to an interlocal agreement to provide for the transfer of development rights from the county to cities and towns. If a city or town chooses to adopt terms and conditions in addition to those incorporated by reference in this subsection, those terms and conditions shall not be binding on the county. This subsection shall not preclude the county and any city from entering into an interlocal agreement to supplement or clarify the terms and conditions incorporated by reference in this subsection. The county shall not be obligated to perform under this subsection with regard to any city or town that meets the conditions set forth in WAC 365-198-060(4)(a) or (b).

(Added Amended Ord. 06-046, July 19, 2006, Eff date August 5, 2006; Amended by Amended Ord. 13-064, Sept. 4, 2013, Eff date Oct. 19, 2013)

30.35A.130 TDR purchase, holding, and sale of certified development rights.

(1) Authorization. The county may from time to time buy, hold, and sell certified development rights in accordance with the requirements of this chapter.

(2) Holding certified development rights. Certified development rights acquired by the county shall be deposited into and held in a TDR fund, established by ordinance.

(3) Sale of certified development rights. The sale of certified development rights shall be conducted by the county executive, or his or her designee, and shall be subject to the following requirements:

(a) The sale price shall equal or exceed the fair market value of the certified development rights, as determined based on prevailing market conditions.

(b) Sales shall occur through a competitive process, which shall be subject to the following requirements:

(i) A request for proposal to purchase certified development rights from the county shall be published in a newspaper of general circulation at least 14 days before the last day upon which proposals shall be received. The request for proposal shall identify the number of certified development rights to be sold and the evaluation factors, including a minimum sale price, which shall be established by the county executive to evaluate proposals.

(ii) The request for proposal shall require that all proposals be in writing and state the number of certified development rights to be purchased.

(iii) All sales shall be made to the highest qualified bidder, provided that no offers below fair market value shall be accepted. The county may reject any and all proposals for good cause and request new proposals.

(c) Payment for purchase of certified development rights from the county shall be made in full at the time the certified development rights are sold, unless, at the discretion of the administrator of the property management division, payment is secured by an irrevocable letter of credit or other security.

(d) The proceeds from sales of certified development rights shall be deposited into a TDR fund, established by ordinance.

(4) The sale of certified development rights by Snohomish County may be completed consistent with its needs and in accordance with the requirements of this chapter. Such sales are exempt from the real and personal property provisions of chapter 4.46 SCC relating to surplus property.

(Added Amended Ord. 04-123, Dec. 15, 2004, Eff date March 15, 2005; Amended Ord. 06-046, July 19, 2006, Eff date August 5, 2006; Amended by Amended Ord. 13-064, Sept. 4, 2013, Eff date Oct. 19, 2013; Amended by Amended Ord. 17-050, Sept. 27, 2017, Eff date Oct. 14, 2017)

30.35A.140 Transfer of development rights (TDR) TDR advisory committee.

(Added Amended Ord. 04-123, Dec. 15, 2004, Eff date March 15, 2005; Repealed by Amended Ord. 13-064, Sept. 4, 2013, Eff date Oct. 19, 2013)

30.35A.150 Transfer of development rights (TDR) sales exempt from surplus provisions.

(Added Amended Ord. 04-123, Dec. 15, 2004, Eff date March 15, 2005; Repealed by Amended Ord. 13-064, Sept. 4, 2013, Eff date Oct. 19, 2013)