The purpose of this chapter is to encourage the conservation of long-term commercially significant agricultural lands by allowing owners of such lands to realize the equity in the land's development potential without conversion to nonagricultural uses.

(Ord. 11398 § 3 (part), 1997: Ord. 11049 § 1, 1995)

There is created a TDR sending area which applies to lands located within the long-term agriculture district. The underlying regulations for this district continue to apply. Transferable development rights credited by Thurston County to lands in this area can be sold by landowners for use in designated residential TDR receiving areas within Thurston County.

(Ord. 11398 § 3 (part), 1997: Ord. 11049 § 2, 1995)

Every parcel of land located in the TDR sending area shall have credited to it, upon certification by Thurston County, transferable development rights in the amount set forth below. These transferable development rights allotted in accordance with this section may be used to obtain approval for established residential densities on lands located within TDR receiving areas, in accordance with the zoning in the TDR receiving areas.

1.

The number of transferable development rights credited to parcels located within the long-term agriculture district shall be one development right per five acres.

2.

One development right shall be subtracted for each residence or structure housing a legal nonconforming commercial use as defined in this title located on a parcel in the TDR sending area which exists as of the effective date of this provision or is built after the effective date of this provision. However, this reduction shall not apply to farm housing units as defined in Chapter 20.08A.020(5) or family member units as defined in Chapter 20.08A.030.

3.

No fractional development rights shall be created.

4.

After dividing gross acreage by five to determine the number of transferable development rights available for credit onto a sending area parcel, any remainder more than two and one-half acres in size shall be credited one additional transferable development right.

5.

The use of a parcel from which development rights have been transferred remains subject to the density and other restrictions of the underlying zone. If the number of development rights remaining on a parcel is less than that permitted by the underlying zone, the property may be developed only to the extent of the remaining development rights.

(Ord. 11398 § 3 (part), 1997: Ord. 11049 § 3, 1995)

(Ord. No. 14773, § 10(Att. I), 7-24-2012)

1.

Application for Certification of Number of Transferable Development Rights.

a.

Thurston County shall issue a certification of the number of transferable development rights on the sending area parcel and serially numbered individual certificates for each transferable development right credited to that parcel upon satisfactory application for certification of transferable development rights (TDRs) by the sending area parcel owner. The issuance of TDR certificates shall be recorded in the chain of title for the subject property.

b.

An application shall contain such information as deemed necessary to verify parcel size and existing uses as a basis for certifying the number of development rights. This information shall include:

i.

A map of the proposed sending area parcel and acreage determination provided by the Thurston County assessor's office verified by the Thurston GeoData Center. If a discrepancy in determining acreage affects the number of TDRs that may be allocated, the owner of the sending area parcel may choose to submit a field survey prepared by a registered land surveyor, and the allocation of TDRs will be based on that survey;

ii.

Legal description and parcel numbers of the sending area parcel;

iii.

A title report showing that the applicant is the owner of the subject sending area parcel;

iv.

Number of nonfamily member units and nonfarm housing units (as defined in Chapter 20.08A) existing on the subject sending area parcel;

v.

Number of family member units and farm housing units existing on the subject sending area parcel;

vi.

A review fee as may be prescribed by the Thurston County board of commissioners.

2.

Transfer of Development Rights (TDR) Easement. In order to validly convey the transferable development rights certified on a sending area parcel, a TDR easement shall be signed between the owner of the sending area parcel and Thurston County and recorded with the Thurston County auditor. To validly retain the transferable development rights which have been certified on a sending area parcel when an original owner sells such parcel, a TDR easement shall be signed by the purchaser of the subject parcel and Thurston County and recorded with the Thurston County auditor. The TDR easement shall be on a form approved by the board of Thurston County commissioners and shall contain the following provisions:

a.

All of the serial numbers of the transferable development rights which have been certified by Thurston County on the sending area parcel which is the subject of the TDR easement;

b.

A covenant on the sending area parcel that it may be developed or subdivided for residential purposes, including a farm residence, as authorized by the underlying zone, only if transferable development rights have been reserved for each dwelling to be constructed on the subject property prior to subdivision on the sending area parcel. If subdivision is not required, a transferable development right shall be reserved prior to construction of any single-family dwelling. Subdivisions for all other agricultural uses per Section 20.08A.035(2) are not affected by this transfer of development rights chapter. The covenant shall also state that any use of the parcel remains subject to the provisions of this title at the time the TDR easement is signed. A reserved transferable development right must be attached to a legal lot by a document of attachment in order for a single-family dwelling as defined in this title to be built. These reserved transferable development rights can be used only on the original sending area parcel or its legal subdivisions;

c.

A covenant that all provisions of the TDR easement shall run with and bind the sending area parcel in perpetuity and shall be enforced by the Thurston County board of commissioners;

d.

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/her heirs, successors and assigns shall retain exclusive right to such access or use subject to the terms of the TDR easement.

3.

Deed of Transfer.

a.

The certified transferable development rights shall be sold or otherwise conveyed only by means of a deed of transfer, the form and content of which is prescribed by the Thurston County board of commissioners and approved by the Thurston County prosecuting attorney. This deed must be recorded with the Thurston County auditor and appear in the chain of title of the parcel from which the development right(s) have been transferred.

b.

The deed of transfer shall specify the number of transferable development rights sold or otherwise conveyed and shall only be valid when recorded along with the appropriate TDR easement on the subject property, signed by the owner of the sending area parcel and Thurston County, containing the provisions established by the board of Thurston County commissioners for such a document.

c.

Contents. A deed of transfer shall contain:

i.

A legal description and map of the sending area parcel(s);

ii.

A covenant that all provisions of the deed of transfer shall run with and bind the sending area parcel and shall be enforced by the Thurston County board of commissioners;

iii.

The names of the transferor and the transferee;

iv.

A covenant that the transferor grants and assigns to the transferee a specified number of development rights from the sending area parcel;

v.

Proof of ownership of the sending area parcel;

vi.

If the transferor is not the owner of the sending area parcel, a statement that the transfer is (A) an original transfer, including a description of the reason for such (e.g., where an original owner sold the sending area parcel but retained the development rights), or (B) an intermediate transfer of development rights derived from a sending area parcel described in an original instrument of transfer, identified by its date, the names of the original transferor and transferee and the volume and page where it was recorded by the Thurston County auditor;

vii.

A covenant by which the transferor acknowledges that he/she has no further use or right of use with respect to the development rights being transferred;

viii.

The certification of the number of transferable development rights on the sending area parcel and copies of the appropriate certificates of those rights issued by the Thurston County as required by this chapter;

ix.

Payment of required excise tax and recording fees on the transaction;

x.

Proof off the execution and recordation of a TDR easement on the subject sending area parcel; and

xi.

The signature of the Thurston County staff member who has reviewed the document for completeness.

d.

Responsibility. The transferor and the transferee named in an instrument of transfer shall have the responsibility to supply the information required by this section, to provide a proper instrument of transfer and to pay all costs of its recordation, in addition to any other fees required by this section.

e.

Intermediate Transfer. Transferable development rights may be transferred to an intermediate transferor or broker before they are used and held for a period of time before they are used on a receiving area parcel.

(Ord. 12463 § 25, 2001; Ord. 11398 § 3 (part), 1997: Ord. 11049 § 4, 1995)

(Ord. No. 14773, § 10(Att. I), 7-24-2012)

After development rights have been transferred from a property in the Sending Area, the following shall apply:

1.

The sending area parcel may be subdivided or used only for agricultural uses, as defined and permitted in Chapter 20.08A (Long-Term Agriculture District), except that subdivision for residential purposes, including a farm residence, as authorized by the underlying zone shall be permitted only if transferable development rights have been reserved for each dwelling to be constructed on the subject property prior to subdivision. If subdivision is not required, a transferable development right shall be reserved prior to construction of any single-family dwelling. A reserved transferable development right may be used to construct a single-family dwelling only if it has been attached by a document of attachment to a legal lot. These reserved transferable development rights may be used only on the original sending area parcel or its legal subdivisions.

2.

All certified transferable development rights and the value of such rights shall be deemed for all other purposes to be appurtenant to the sending area parcel until such rights are (a) transferred by a recorded deed of transfer, or; (b) separated from the sending area parcel when it is sold or otherwise conveyed without the TDRs which have been certified for that property.

3.

Nothing in such restrictions shall be construed to convey to the public a right of access or use of the property; the owner of the property, his/her heirs, successors and assigns shall retain exclusive right to such access or use subject to the terms of the TDR easement.

(Ord. 11398 § 3 (part), 1997: Ord. 11049 § 5, 1995)

1.

Required Instruments. Final approval for site plans or subdivision plats which involve the transfer of development rights (TDR) shall not be approved until evidence is provided to Thurston County that the following instruments have been approved by the Thurston County TDR program administrator and recorded with the Thurston County auditor:

a.

Signed and recorded transferable development rights certificates for each unit of density on the receiving parcel(s); and

b.

A signed and recorded document of attachment of the development rights to the subject parcel(s).

2.

The following information shall be recorded on the face of any plat for property which received a transfer of development rights under the provision of this chapter:

a.

A statement that the development rights used in the plat have been transferred in accordance with the deed of transfer of development rights, prescribed by Thurston County;

b.

The volume and page number of the recordation of the deed of transfer of development rights between the owner and the applicant;

c.

The volume and page number of the recordation of the transfer of development rights easement between the original owner and Thurston County;

d.

The serial numbers issued by the Thurston County TDR program administrator of the TDRs used in the plat; and

e.

The volume and page number of the recorded document of attachment of the TDRs to the subject parcel(s).

(Ord. 11398 § 3 (part), 1997: Ord. 11220 § 14, 1996)

Nothing in this title shall be construed to limit or affect the power of the county to amend, supplement or repeal all or any part of the provisions of this chapter at any time or to entitle any transferor or transferee to damages or compensation of any kind from the county as the result of any amendment, supplementation or repeal.

(Ord. 11398 § 3 (part), 1997: Ord. 11049 § 6, 1995)

Refer to the following chapters for provisions which may qualify or supplement the regulations presented above:

1.

Chapter 20.08A, Long-Term Agriculture District (TDR sending area);

2.

Chapter 20.15, Residential Three to Six Dwelling Units Per Acre (TDR receiving area);

3.

Chapter 20.21A, Residential Four to Sixteen Dwelling Units Per Acre (TDR receiving area).

(Ord. 11398 § 3 (part), 1997: Ord. 11220 § 15, 1996: Ord. 11049 § 7, 1995)