18G.10.090 Development Rights.
A. The number of development rights a sending site is eligible for under the Program is determined by applying the sending site density, as set forth in PCC 18G.10.090 B. below, to the area of the sending site. The area of a sending site is determined by the Assessor-Treasurer's tax parcel records, or by a survey prepared and stamped by a surveyor licensed in the State of Washington.
B. For the purposes of calculating development rights, the following sending site densities shall apply:
1. Sending site density calculations shall be consistent with the base density established in the applicable Residential Density and Lot Dimension table for the underlying zone in Title 18A PCC, Development Regulations – Zoning, except as otherwise specified in 2. through 4. below.
2. Agricultural Resource Land (ARL) land located within the Mid-County or Alderton-McMillin Community Plan areas, and within 1,000 feet of an incorporated area's urban growth boundary, shall have a density of one unit per acre. If the sending site is bisected by the 1,000 foot urban growth boundary line, the sending site parcel shall have one development right per acre only for the portion of the site located within 1,000 feet of the urban growth boundary. The sending site shall have one development right per five acres for the area located outside of the 1,000 foot urban growth boundary
3. ARL sending sites in the Mid-County Community Plan area that were zoned urban or Rural Separator (RSep) prior to the ARL zoning shall have the same amount of development rights to transfer as allowed under the previous zoning. For example, an ARL parcel zoned as Moderate Density Single-Family (MSF) prior to February 1, 2004, the effective date of Ordinance No. 2004-87s, shall have a density right of six dwelling units per acre.
4. Sending sites zoned ARL, which are located in either the Mid-County or Alderton-McMillin Community Plan areas that do not meet the criteria of 18G.10.050 B.2. or 3. above, shall have a base density of one dwelling unit per five acres.
C. Generally, one development right is granted for each dwelling unit, based on the density as calculated above in PCC 18G.10.090 B., that a sending site commits to a conservation easement.
D. Any portion of a sending site that is developed, or is reserved for future development, shall be subtracted from the calculation.
E. Any fractions of development rights that result from the calculations shall be rounded to the nearest whole number.
F. A sending site may be entitled to one development right for every legal lot created on or before the original effective date of this Program, November 1, 2008, if that number is greater than the number of development rights determined under subsection A of this Section.
G. Each sending site shall have at least one development right.
H. The TDR Technical Oversight Committee may consider development constraints and existing conditions when determining available development rights.
I. Notwithstanding any other provision of this Chapter, the TDR Technical Oversight Committee may increase the number of development rights derived from a sending site, provided that such conversion rate shall be generally applicable to all sites in a zone, planning area or other designated geographical area, and follow the procedures established by the Committee.
1. Such increase shall, in the judgment of the TDR Technical Oversight Committee, be necessary to the effective and efficient operation of the Program.
2. The decision of the TDR Technical Oversight Committee, if appealed, shall be reviewed by the County Council, which may recommend modifications through an adopted resolution.
J. All transferable development rights acquired from a qualified sending site shall be available for transfer through the Program, unless matching funding sources bar such use of the development rights.