"Active Recreation Areas" means locations where indoor and outdoor recreation activities and athletics occur which have predominant value as sites for specific recreation activities unrelated to the natural environment, such as ball fields, regional athletic sites, playgrounds, swimming pools, skate parks, skating arenas, and recreational centers. Active recreation areas may be allowed on properties purchased with conservation futures funds when recommended by the Board, and/or approved by the Council, and addressed in the covenants or property restrictions.

"Administrative Guidelines" means the rules and procedures for administering Chapters 2.96 and 2.97 PCC, established by the Department.

"Agricultural Land" means: (1) a parcel of land that is five or more acres or multiple parcels of land that are contiguous and total five or more acres which is or are devoted primarily to the current production of horticultural, viticultural, floricultural, dairy, apiary, vegetable, or animal products or of berries, grain, hay, straw, turf, seed, Christmas trees not subject to the excise tax imposed by RCW 84.33.100 through 84.33.140, or livestock, and which has significance for agricultural production; or (2) land that has been traditionally in or is still capable of production of the above as demonstrated by sales receipts, income tax statements or other materials which the County accepts as proof that farming once occurred on the property and the property could be returned to highly productive commercial agriculture, conservation plans, and farm plans which includes a water protection plan that shall be reviewed and approved by the conservation district prior to granting. The key criterion for defining Agricultural Lands is the presence of the County's most productive agricultural soil types and their associated production yield: soils identified as "Prime Farmland" in the NRCS Field Office Technical Guide for Pierce County, Section 2, distributed February 24, 2003, which have a grass/legume production yield of 3.5 tons per acre or greater, as identified by the U.S. Department of Agriculture, Natural Resources Conservation Service soil classification system.

"Appraisal Report" means an independent, written appraisal of the subject Conservation Futures property commissioned by the County or Sponsor, for Pierce County as intended user, and conducted in accordance with the Uniform Standards for Professional Appraisal Practice ("USPAP") by a "State Certified General Real Estate Appraiser" who is licensed and certified by the State of Washington per Chapter 18.140 RCW.

"Archaeological Sites" means geographical locations, including those lands that are submerged and submersible and the bed of the sea that contain archeological objects, that comprise the physical evidence of an indigenous and subsequent culture including material remains of past human life including monuments, symbols, tools, facilities, and technological by-products. Archeological sites may contain prehistoric, historic archeological resources or both. Historic sites must be eligible for listing in the Washington State Register of Historic Places (RCW 27.34.220) or the National Register of Historic Places as defined in the National Historic Preservation Act of 1966 (Title 1, Sec. 101, Public Law 89-665; 80 Stat. 915; 16 U.S.C. Sec. 470) as now or hereafter amended. Confidentiality of locations may be required of archeological sites.

"Bargain Sale" means when a property owner sells a property to a Receiving Agency for less than the fair market value, as determined by an Appraisal and Review Appraisal, and the reduced monetary value is considered a gift or donation.

"Board" means the Conservation Futures and Open Space Citizens' Advisory Board.

"Carbon sequestration potential" means the amount of atmospheric carbon dioxide (equivalent) that could be converted to organic matter and stored indefinitely in the soil or biota contained within a land parcel given a change in the land's use or land management practices.

"Committee" means the Conservation Futures and Open Space Technical Advisory Committee.

"Conservation Futures Fund" means the fund established under PCC 4.48.020 and to which are credited all conservation futures funds derived from the property taxes levied pursuant to Chapter 4.14 PCC.

"Conservation Futures Property" means the fee simple or any lesser interest, present or future development right, easement, covenant, or other contractual right necessary to protect, preserve, maintain, improve, restore, limit the future use of, or otherwise conserve selected open space land, farm and agricultural land, or timber land as the same are either defined in, or designated under the provisions of Chapter 84.34 RCW, acquired through the conservation futures program for future generations.

"Conservation/Historic Preservation Easement" means a property restriction in perpetuity on the use of the property. It is a recorded deed restriction, or covenant, and the enforcement of the restriction is most often given to a land trust or a government agency. A conservation easement will prevent future real estate development, industrial or commercial use. The easement may allow continued current use for example, residential and recreational use, agriculture, forestry, or ranching. However, most often a conservation easement restricts both the current as well as the future uses of the land to some important conservation quality of the land, such as habitat, open space, or scenic views. A conservation easement or restrictive covenant must be recorded against the deed as a part of the final agreement with the land owner.

"Conserving sequestered carbon" means conserving and managing lands to prevent the decomposition and release of sunk carbon on natural lands such as forest, prairies, wetlands, peatlands and farms. Conserving sequestered carbon must be included in conservation covenants and easements.

"Contiguous" means land adjoining or touching other property. Land divided by a public road, but otherwise an integral part of the same land, shall also be considered "contiguous" for purposes of this Chapter.

"Council" means the Pierce County Council.

"County" means all unincorporated areas of Pierce County, Departments of Pierce County Government and includes Department Directors and their designees.

"Critical Salmon Habitat" means:

"Department" means the Pierce County Parks and Recreation Department.

"Exceptional Opportunity" means a Conservation Futures proposal that will no longer be viable by the beginning of the next application and allocation process, and qualifies for at least 60 percent of the available Evaluation points on Table 2.97.110-1 as determined by the Department.

"Executive" means the Chief Executive Officer of Pierce County.

"Farm Lands" means agricultural lands as defined in this Section.

"Fish and Wildlife Habitat Conservation Areas" means a geographic area or areas necessary for maintaining species and may include areas of unique vegetation, successional stage, or habitat elements important to fish and wildlife, and may also include the connecting corridors between those areas. Examples of fish and wildlife habitat conservation areas include areas with which endangered, threatened, and sensitive species have a primary association; habitats and species of local importance; commercial and recreational shellfish areas; kelp and eelgrass beds; herring and smelt spawning areas; wetlands; naturally occurring ponds under 20 acres and their submerged aquatic beds that provide fish or wildlife habitat; state natural area preserves, natural resource conservation areas; land located within the Pierce County Biodiversity Network as identified in the Pierce County Biodiversity Network Assessment report dated August 2004; and any regulated fish and wildlife habitat conservation areas identified in the Pierce County critical area regulations.

"Floodplain" means the total area subject to inundation by the base flood, including the flood fringe and the floodway areas.

"Forest Carbon Conservation" means conserving sequestered carbon in the forest and future carbon sequestration potential of that forest, as well as other co-benefits for biodiversity, regulating ecosystem services and community health and well-being.

"Forest Carbon Restoration" means enhancing the land's carbon sequestration potential, enhancing co-benefits, and regulating ecosystem services through tree planting.

"Forest Carbon Sequestration" is the process where forests capture and store atmospheric carbon dioxide in the biomass and soil of standing forests. This includes both conserving sequestered carbon that is already contained in the forest as well as the carbon sequestration potential of allowing a forest to continuing growing into the future.

"Historic Landmark Sites" means locations strongly associated with significant prehistoric or historic events or patterns of events and well documented through scholarly research. Historic landmark sites may include archeological sites. Historic landmark sites must be eligible for listing in the Washington State Register of Historic Places (RCW 27.34.220) or the National Register of Historic Places as defined in the National Historic Preservation Act of 1966 (Title 1, Sec. 101, Public Law 89-665; 80 Stat. 915; 16 U.S.C. Sec. 470) as now or hereafter amended.

"Impervious surface" means a hard surface which either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development, and/or a hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow than the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, rooftops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, gravel parking lots, packed earthen materials, and oiled, macadam or other surfaces which similarly impede the natural infiltration of stormwater. Open, uncovered retention/detention facilities shall not be considered as impervious surfaces. As an alternative, Conservation Futures properties that are located within incorporated jurisdictions may use that jurisdiction's adopted definition for impervious surface in-lieu-of this definition.

"Lakes" means all freshwater impoundments 20 acres or greater in size and their undeveloped shoreline areas.

"Letter of Opinion" means a restricted limited or complete appraisal report prepared in accordance with the Uniform Standards of Professional Appraisal Practice by a Washington State licensed or certified real property appraiser indicating the fair market value of a particular conservation futures property or rights to be acquired.

"Leverage Statement" means a description of match dollars available through funding sources other than the conservation futures fund. The source of these funds and the date the monies will be available for expenditure must be described in the application materials. For example, Recreation Conservation Office (RCO) monies in the amount of ($) will be available for expenditure by (some date) and will be matched using proposed conservation futures monies in amount of ($).

"Limit the future use of" means any future improvements to the conservation futures property shall be limited to those uses which are passive in nature, or related to agriculture or forestry; provided that active recreation may be allowed on a conservation futures property or portion thereof, when recommended by the Board and/or approved by the Council and addressed in the covenants or property restrictions. In all cases, improvements to conservation futures properties purchased with conservation futures funds must meet the requirements and intent of RCW 84.34.200 through 84.34.220.

"Long Term Obligations" means recorded conditions and covenants that require monitoring, maintenance and protection of the project area acquired through the Conservation Futures Program.

"Marine Estuaries, and Tidal Marshes" means areas that are inundated or saturated by a mixture of salt and fresh surface or groundwater at a frequency sufficient to support vegetation typically adapted for life in saturated soil conditions and associated buffer areas.

"Marine Waters" means Puget Sound and its associated undeveloped shoreline areas.

"Match Funding" means the applicant contribution towards project acquisition through either cash, bargain sale or other obligated monies provided by federal, Washington State, Tribal Government, local municipality or private project funders.

"May" means optional and permissive and does not impose a requirement.

"Natural Climate Solutions" are defined as the conservation, restoration and improved land management actions that increase carbon storage or avoid greenhouse gas emissions in landscapes and wetlands and mitigate the impacts of climate change by providing "regulating ecosystem services."

"Non-Profit Receiving Agency" means a non-profit historic preservation corporation as defined in RCW 64.04.130 or a non-profit nature conservancy corporation or association as defined in RCW 84.34.250.

"Open Space" means a landscape which is primarily unimproved. Open space areas may include: agricultural and timber lands, marine waters, estuaries and tidal marshes, streams, rivers, lakes, critical areas, wooded areas, passive recreation areas, parks with active recreation uses, scenic viewpoints, scenic corridors, archeological sites, historic landmark sites, trails, abandoned railroad lines, utility corridors, and other vacant rights-of-way. Permanent dedication, designation, or reservation of open space for public or private use may occur in accordance with the County's Comprehensive Plan policies.

"Open Space Passive Recreation Areas" means open space areas where public use and access is desired and improvements will enhance public accessibility to the natural resources available at the site. County open space parks as found in the County's Capital Facilities Plan Element of the Comprehensive Plan are included.

"Other Environmental Goals" means goals, objectives, policies, or regulations that address environmental issues adopted by a city, town, Tribe, special purpose district, or county including, without limitation, goals that address air and water quality, fish and animal habitat, natural resource protection, and conservation of land. Adopted plans may include the County's community plans, the County's Parks, Recreation and Open Space Plan, or a City's Comprehensive Plan or Parks Plans.

"Owner" means the party or parties holding a fee interest in the land including, without limitation, the holder of a vendee's interest in a real estate contract.

"Parks with Developed Facilities" means a park designed for organized activities and sports, although individual and family activities are also encouraged.

"Passive Recreation Uses" means an outdoor leisure-time activity which usually occurs in a setting that has been preserved, as nearly as possible, in the original or natural condition. Passive recreation may occur in open space, farm, agricultural and timber lands and, where determined appropriate, in critical area buffers, aquifer recharge and flood water storage areas. Activities may include, but are not limited to: picnicking, sightseeing, walking, hiking, horseback riding, and nature walks. Accessory structures associated with passive recreation uses may include, but are not limited to: picnic shelters and tables, barbecue pits, restroom facilities, benches, directory signs, garbage containers, trails, paths, parking areas, and landscaped areas.

"PCC" means the Pierce County Code.

"Perpetuity" means never ending or changing, seemingly ceaseless, or unlimited duration.

"Prairie Land" means a parcel of land that is 10 or more acres or multiple parcels of land that are contiguous and total 10 or more acres with a minimum width of 300 feet predominated by native, drought-resistant grasses, forbs (flowering non-woody plants), and herbs. In Pierce County, prairies are an unusual vegetation regime found in areas of extremely well-drained soils.

"Preserved Open Space" means land that is controlled by a public agency or non-profit agency through fee simple ownership or conservation easement and is preserved or restricted to open space purposes for the types of conservation futures priorities defined in PCC 2.97.030.

"Public Receiving Agency" means a State agency, Federal agency, county, city, town, metropolitan park district, park and recreation district, or municipal corporation empowered to hold on behalf of the public fee simple or other interests in land.

"Receiving Agency Affidavit" means a signed affidavit by a Public Receiving Agency or a Non-Profit Receiving Agency agreeing to accept the conveyance of a conservation futures property and to hold the same in perpetuity for and on behalf of the general public.

"Recommendations" means the Board's written findings and conclusions as to how its recommendations satisfy the fund allocation and selection criteria; along with a summary of the proceedings and the Boards' vote on all matters; any concerns which the Board desires to be considered by the Council; and a proposed appropriation ordinance setting forth the applications and/or proposals recommended for funding (See PCC 2.96.050).

"Regulating ecosystem services" are benefits provided by ecosystem processes that moderate natural phenomena. Regulating ecosystem services include shading and cooling to reduce heat islands, water and air purification, erosion and flood control, and carbon storage and climate regulation.

"Review Appraisal" means an independent, written review of the Appraisal Report for the subject Conservation Futures property commissioned by the County, with Pierce County as intended user, conducted in accordance with the Uniform Standards for Professional Appraisal Practice ("USPAP") by a "State Certified General Real Estate Appraiser" who is licensed and certified by the State of Washington per Chapter 18.140 RCW.

"Scenic Corridors" means an area of adjoining parcels which individually may be less than one acre but which, when combined, total at least one acre and create a view corridor critical to maintaining a view of a scenic resource visible from a federally- or state-designated scenic highway which is visually significant to the aesthetic character of the County.

"Scenic Viewpoint" means property adjacent to a federally- or state-designated scenic highway or other officially designated viewpoint that provides a view of an area which is visually significant to the aesthetic character of the county and which provides unlimited public access identified by a permanent sign readily visible from the road. Viewpoints may be officially designated by the State of Washington, the County, or a city or town.

"Shall" means mandatory and imposes a requirement.

"Sponsor" means the property owner or an authorized representative of a public or non-profit receiving agency or any County resident nominating conservation futures properties for acquisition.

"Sponsor Affidavit" means an affidavit signed by a Sponsor indicating the owner of a conservation futures property has been informed said property is being nominated for purchase through the conservation futures program.

"Streams and Rivers" means a flow of water conveyed in a channel or course either continuously or intermittently, and the water's associated buffer.

"Threatened" means that within the next three years from the date conservation futures applications are due for that application cycle, the conservation futures nominated property will likely not be available in its current open space condition. Evidence of threat may include but is not limited to the following: (1) there is development activity adjacent to or within the vicinity of the conservation futures nominated property which will likely over time impact the open space condition of the property; (2) the conservation futures nominated property is currently listed for sale; (3) applications for development permits have been submitted with respect to the conservation futures nominated property; (4) the conservation futures priorities of the nominated property is not adequately protected by existing development regulations.

"Timber land" means any parcel of land that is 40 or more acres or multiple parcels of land that are contiguous and total 40 or more acres which is or are devoted primarily to the growth and harvest of forest crops for commercial purposes.

"Trails and Corridors" means trails and corridors that are used for hiking, biking, walking, horseback riding, and jogging. The trails may vary in scale and surfacing and may also be used as a means of non-motorized transportation connecting one destination point to another. Potentially, trails may include areas providing linkages between trails, abandoned rail lines, utility corridors, vacant rights-of-way, and road endings.

"Uses which are passive in nature" means public outdoor recreation activities, fish and wildlife habitat, and open space uses that do not disturb the integrity of the underlying environment and that have predominant value as sites in their natural condition as existing or as restored with vegetation and wildlife. Such uses shall include, but are not limited to, trails, paths, interpretive kiosks, viewpoints, picnicking areas, access, restrooms, parking, landscaping that includes restoring the natural habitat, wildlife observation structures, and primitive camping, where appropriate.

"Wetlands" means areas that are inundated or saturated by surface or groundwater at a frequency sufficient to support vegetation typically adapted for life in saturated soil conditions, and associated buffer areas. Wetlands generally include swamps, marshes, bogs and similar areas.

"Willing Seller/Owner's Statement" means a signed statement by a willing seller of a proposed Conservation Futures property that they are the legal owner of the property and are aware that a Conservation Futures application has been proposed, which may result in a grant award and negotiations for purchase of the property, either as a fee simple purchase or less than fee simple purchase, subject to an appraisal determining fair market value and achieving mutually acceptable terms.

"Wooded Areas" means a parcel of land that is 20 or more acres or multiple parcels of land that are contiguous and total 20 or more acres with a minimum width of 300 feet on which is found a stand of coniferous or deciduous trees with over 50 percent canopy cover, diversity of species, and native plant under story. The wooded area must serve a demonstrated functional purpose in climate, noise, light, habitat or pollution control.