Chapter 2.101
TRANSFER OF DEVELOPMENT RIGHTS TECHNICAL OVERSIGHT COMMITTEE Revised 3/18

Sections:

2.101.010    Creation.

2.101.020    Purpose.

2.101.030    Composition. Revised 3/18

2.101.040    Duties.

2.101.050    Coordination. Revised 3/18

2.101.060    Vacancies.

2.101.070    Quorum.

2.101.080    Voting Privileges.

2.101.010 Creation.

A Transfer of Development Rights (TDR) Technical Oversight Committee is hereby created and shall hereinafter be referred to as the TDR Technical Oversight Committee. (Ord. 2013-87s § 1 (part), 2013; Ord. 2007-91s § 5 (part), 2007)

2.101.020 Purpose.

The purpose of the TDR Technical Oversight Committee is to administer and implement the Transfer and Purchase of Development Rights (TDR/PDR) Program in conjunction with the TDR Administrator as adopted in Chapter 18G.10 PCC. All decisions of the TDR Technical Oversight Committee may be appealed to the Hearing Examiner, which may require modifications through a written order issued within 60 days of receipt of written notice of the Committee's decision. (Ord. 2013-87s § 1 (part), 2013; Ord. 2009-24s § 3 (part), 2009; Ord. 2007-91s § 5 (part), 2007)

2.101.030 Composition. Revised 3/18

The TDR Technical Oversight Committee shall consist of a total of seven members. Members of the TDR Technical Oversight Committee shall include staff representatives from the various County Departments and/or Offices with expertise instrumental in the development and implementation of the TDR/PDR Program as adopted in Title 18G PCC. The initial composition structure of the TDR Technical Oversight Committee shall be approved by the County Executive and confirmed by Resolution by a majority of the County Council.

A.    Members. The seven members shall include:

•    the TDR Administrator,

•    one representative from the County Council,

•    two representatives from the Planning and Public Works Department,

•    one representative from the Parks and Recreation Department,

•    one representative from the Assessor-Treasurer's Office, and

•    one representative from the Finance Department.

On an annual basis, the Director or a director-appointed designee of the affected Departments/Offices shall be assigned to represent the TDR Technical Oversight Committee. One alternate representative shall also be assigned for each affected Department/Office. The TDR Administrator shall serve as Chairman of the TDR Technical Oversight Committee. All members of the TDR Technical Oversight Committee, except the TDR Administrator, are voting members; with the exception of the TDR Administrator allowed to vote to break a tie. One representative from the Prosecuting Attorney's Office will advise the Committee.

(Ord. 2017-12s § 2 (part), 2017; Ord. 2015-25s § 2 (part), 2015; Ord. 2013-87s § 1 (part), 2013; Ord. 2007-91s § 5 (part), 2007)

2.101.040 Duties.

A.    TDR Administrator. The TDR Administrator, which will be a County employee, shall support the TDR Technical Oversight Committee. The TDR Administrator's duties include, but are not limited to:

1.    Managing the TDR and PDR programs;

2.    Making recommendations to the TDR Technical Oversight Committee on TDR program and Development Rights Bank issues on which the TDR Technical Oversight Committee must take action;

3.    Facilitating development rights transfers through marketing and outreach to the public, community organizations, developers and cities;

4.    Identifying potential receiving sites;

5.    Developing proposed TDR interlocal agreements with cities;

6.    Assisting in the implementation of TDR Technical Oversight Committee in cooperation with other departments;

7.    Negotiating with cities to establish city receiving areas with the provision of amenities;

8.    Preparing agendas for TDR Technical Oversight Committee meetings;

9.    Recording TDR Technical Oversight Committee meetings;

10.    Making recommendations to the County Council on the TDR program and Development Rights Bank issues for which the Council may take action; and

11.    Preparing annual reports on the progress of the TDR program to the Pierce County Council with assistance from other departments.

B.    TDR Technical Oversight Committee. The TDR Technical Oversight Committee duties are defined in Chapter 18G.10 PCC and include, but are not limited to:

1.    Determining the sale price of development rights credits sold from the Development Rights Bank in accordance with PCC 18G.10.150;

2.    Periodically adjusting the conversion rate to reflect prevailing market conditions and support a viable TDR market in accordance with PCC 18G.10.140;

3.    Setting amount of development rights credits that are required for Comprehensive Plan Amendments when applicant requests to vary from PCC 18G.10.140 and meets the criteria of PCC 18G.10.140 C.;

4.    Authorizing amenity funding expenditures consistent with the annual Budget approved by the County Council and contained in an approved City-County TDR interlocal agreement;

5.    Recommending TDR interlocal agreements and the provision of TDR amenities, if any, to be forwarded to the Pierce County Council;

6.    Identifying future funding for amenities in the annual budget process;

7.    Entering into written agreements necessary to facilitate development rights and density credit transfers by the Development Rights Bank;

8.    Establishing a program for the voluntary acquisition and use of development rights and density credits in exchange for reduced development standards, provided that all elements thereof which affect existing County Code provisions must be adopted by ordinance of the County Council;

9.    Monitoring program activities and results to determine if changes in the County Code are needed to provide for more efficient operation, to meet program goals, and/or to correct unintended consequences, including but not limited to the consideration of adjustments to address commercial uses, transfer and purchase of development rights for historic preservation sites, and the encouragement of urban agriculture; and

10.    Meeting at least annually in conjunction with the TDR Administrator and representatives of each participating city holding an interlocal TDR agreement in order to inform the County as to all proposed and completed transactions and activities under the city's TDR program that have or are planned to take place.

(Ord. 2013-87s § 1 (part), 2013; Ord. 2009-24s § 3 (part), 2009; Ord. 2007-91s § 5 (part), 2007)

2.101.050 Coordination. Revised 3/18

The Pierce County Planning and Public Works Department, in partnership with the TDR Administrator, shall coordinate all matters relating to the TDR Technical Oversight Committee's performance of its duties, including:

A.    Administration of the meetings;

B.    Keeping records of meetings and decisions;

C.    Documenting the TDR Technical Oversight Committee's establishment of procedures;

D.    Keeping records of the TDR Technical Oversight Committee decisions;

E.    Recording or keeping a written summary of business transactions; and

F.    Providing information needed to conduct its review and analysis.

(Ord. 2017-12s § 2 (part), 2017; Ord. 2013-87s § 1 (part), 2013; Ord. 2007-91s § 5 (part), 2007)

2.101.060 Vacancies.

A member vacating a position shall notify the TDR Administrator and affected Department of his/her intentions as soon as the intention to vacate is known. The vacating position shall be assigned a new designee by the Director of the affected Department immediately upon vacancy. (Ord. 2013-87s § 1 (part), 2013; Ord. 2007-91s § 5 (part), 2007)

2.101.070 Quorum.

A quorum of the TDR Technical Oversight Committee for the purpose of conducting business shall be four members and excludes the TDR Administrator. (Ord. 2013-87s § 1 (part), 2013; Ord. 2007-91s § 5 (part), 2007)

2.101.080 Voting Privileges.

Each member of the TDR Technical Oversight Committee shall be entitled to one vote on any matter duly before the TDR Technical Oversight Committee excluding the TDR Administrator; with the exception that the TDR Administrator is allowed to vote to break a tie vote. All meetings shall be open to the public and comply with the Open Public Meetings Act – Chapter 42.30 RCW. The action taken by four or more members at any given meeting shall constitute a recommendation or decision by the TDR Technical Oversight Committee. All votes must be recorded. (Ord. 2013-87s § 1 (part), 2013; Ord. 2007-91s § 5 (part), 2007)