18G.10.140 Unincorporated Receiving Sites

18G.10.140 Unincorporated Receiving Sites.

A. Sites located in the unincorporated area shall be required to secure development rights from the Development Rights Bank or an eligible sending site in the following instances:

1. The site contains an urban project which proposes increased allowable density using the provisions of PCC 18A.15.020 G.1.b.; or

2. The site has received a Comprehensive Plan amendment, pursuant to Chapter 19C.10 PCC, and the amendment results in increased allowable density on the site.

B. Table 18G.10.140-1 provides the development right conversion rate for County Receiving Sites.

1. Required development rights for an urban growth area amendment, which has a map amendment component, shall be based only on the map amendment component.

2. Acquisition of development rights is not a precondition for the Comprehensive Plan amendment approval.

3. The required development rights shall be acquired before the County issues permits for any development on the Receiving Site.

4. For approved amendments that result in the expansion of the urban growth area and are being proposed for annexation, the County and affected city or town shall enter into an interlocal agreement, as set forth in PCC 18G.10.120, Interlocal Agreements.

a. The agreement shall require the transfer of development rights prior to the issuance of any permits by the city or town.

b. The developer shall submit a development right certificate, or other proof of the transaction, to the Planning and Public Works Department (PPW) at the time of building permit application and prior to recording binding site plans, short plats, large lots, or final plats.

C. The following formula shall be used to calculate the number of development rights needed by a County receiving site, based on the increased density allowed. Development Rights Required = (FD – OD) / Conversion Rate.

1. FD = Final Density on site resulting from an increase due to Comprehensive Plan amendment or density incentive.

2. OD = Original Density allowed on site before the change that increased allowable density. The original density is based on the maximum allowed in Residential Density and Lot Dimension tables of Title 18A PCC, Development Regulations – Zoning, using gross site acreage.

3. Example: A landowner on a one acre site with a maximum density of 4 dwelling units per acre is approved for a Comprehensive Plan amendment allowing 14 dwelling units per acre. Development rights required = 14 – 4 / 5 = 2

4. Site owners may request to vary from the Conversion Table, Table 18G.10.140-1, because of infrastructure improvements.

a. The owner shall provide:

(1) A description of the infrastructure improvement,

(2) The party who will be making the improvements,

(3) The cost of the improvement,

(4) The estimated time of completion,

(5) The proximity of the infrastructure improvements to the application site, and

(6) A request to raise or lower the required development rights beyond the established conversion rate.

b. The TDR Technical Oversight Committee may raise the amount of required development rights beyond the established conversion rate if the County or State has made, or is planning to make, significant infrastructure improvements near the receiving site.

c. The TDR Technical Oversight Committee may lower the required development rights below the established conversion rate if the receiving site landowner has made or is required to make significant infrastructure improvements near the receiving area.

d. For transactions described in b. and c. above, when funds are owed to the Development Rights Bank for costs of procuring the required development rights, the required payment shall be based upon the determination of development rights required by the TDR Administrator in consultation with the TDR Technical Oversight Committee.

D. The TDR Technical Oversight Committee may periodically adjust the conversion rates, subject to the procedures set forth in PCC 2.101.020, to reflect prevailing market conditions to affect a viable market. The Committee shall avoid, to the extent practicable, disparities between the price of development rights or credits available for purchase from the Development Rights Bank and prevailing market prices for development rights or credits which a developer may purchase on the private market.

E. The County, in consultation with the TDR Technical Oversight Committee, may waive or modify the development right requirements if it is determined by the Prosecuting Attorney's Office that strict application of the requirement in a specific situation would result in an unconstitutional taking of property or a violation of the property owner's right to substantive due process. Modifications made under this provision shall be no greater than necessary to avoid the taking or substantive due process violation. The Committee shall provide written documentation supporting each application of the provision.

Table 18G.10.140-1. County Development Right Conversion Table
Final Density units/acre)	Conversion Rate (per acre)
1	1.0
2	1.5
3	1.9
4	2.2
5	2.6
6	3.0
7	3.3
8	3.5
9	3.8
10	4.0
11	4.3
12	4.5
13	4.8
14	5.0
15	5.3
16	5.6
17	5.8
18	6.1
19	6.4
20	6.7
21	6.9
22	7.2
23	7.5
24	7.7
25	8.0
Note: This Table is simplified to show whole numbers. The full table with fractional densities is incorporated herein by reference and may be found at the Department of Planning and Public Works.