30.35A.010 Transfer of development rights (TDR) purpose and applicability.
(1) Purpose. The purpose of this chapter is to establish a voluntary and incentive-based process, based on free market principles, to conserve natural resource and open space lands for the use and enjoyment of future generations by allowing the transfer of development rights from lands with significant conservation values to lands considered more appropriate for development. This chapter creates a TDR program within Snohomish County, provides for county participation in the regional TDR program authorized by chapter 43.362 RCW, and complies with requirements in state law for the county to participate in the local infrastructure project areas program authorized by chapter 39.108 RCW. Subject to the requirements of this chapter, the transfer of development rights from sites located within TDR sending areas to sites located within TDR receiving areas is allowed in order to:
(a) permanently preserve natural resource and open space lands with countywide public benefit;
(b) provide flexibility and better use of land and building techniques;
(c) help preserve commercial farmlands and forest lands by reducing residential development within such areas;
(d) implement the goals, policies, and objectives of the comprehensive plan; and
(e) comply with requirements in state law to allow Snohomish County to participate in the regional TDR program.
(2) Applicability. This chapter establishes requirements for:
(a) determining the number of certified development rights that a sending site is eligible to transfer;
(b) issuing TDR certificates reflecting the number of certified development rights that a sending site is eligible to transfer;
(c) conveying TDR certificates and recording conservation easements that restrict development on sending sites;
(d) qualifying TDR sending sites and TDR receiving sites;
(e) applying certified development rights to TDR receiving sites and the extent of increased development allowed on receiving sites;
(f) purchasing, holding and selling certified development rights by the county; and
(g) interlocal agreements providing for the use of TDR certificates within incorporated TDR receiving areas. (Added by Amended Ord. 04-123, Dec. 15, 2004, Eff date Mar. 15, 2005; Amended by Amended Ord. 06-046, July 19, 2006, Eff date Aug. 5, 2006; Amended by Amended Ord. 13-064, Sept. 4, 2013, Eff date Oct. 19, 2013).