30.35A.050 Certification of development rights and issuance of TDR certificates.
(1) Subject to the requirements of this section, sending site landowners may obtain TDR certificates which can be transferred pursuant to SCC 30.35A.070 and used by receiving area landowners to obtain density bonuses or other incentives established in this chapter. The required process for obtaining TDR certificates includes the application process in subsection (2) of this section, the certification process in subsection (3) of this section, and the issuance process in subsection (4) of this section.
(2) Application for TDR certificates. In order to obtain TDR certificates, the sending site owner(s) must submit an application for TDR certificates. The department shall use the application to determine whether the sending site meets the requirements of SCC 30.35A.030 and, if so, the number of certified development rights that the sending site is eligible to transfer pursuant to SCC 30.35A.040. The application shall include all of the following:
(a) Legal description and parcel numbers of the sending site for which TDR certificates are sought.
(b) The following documents, shall be used as the basis for determining the number of certified development rights for which the sending site is eligible pursuant to SCC 30.35A.040:
(i) If the sending site consists of one or more undivided tax parcels, the applicant(s) shall provide either official records from the Snohomish County assessor or a survey that has been prepared and stamped by a surveyor licensed in the state of Washington.
(ii) If the sending site consists of lots within one or more tax parcels, the applicant(s) shall provide a survey that has been prepared and stamped by a surveyor licensed in the state of Washington.
(iii) If one or more single family dwellings or other residential, commercial, or industrial structures exist on the sending site, the applicant(s) shall submit a site map showing the location of each dwelling or structure.
(iv) A calculation, on a form provided by the county, of the number of credits that may be certified. The calculation will be subject to review and approval by the director.
(c) A title report issued no longer than 30 days prior to the date of application confirming that the ownership interest(s) in the sending site are in the name(s) of the person(s) whose signature(s) appear on the application for TDR certificates and that there are no existing conservation easements or similar encumbrances on the sending site.
(d) A declaration by the applicant(s), pursuant to SCC 30.35A.030(3), stating that the sending site is not adjacent to any lot that has substandard area under current zoning and is held in common ownership with the sending site.
(e) A declaration by the applicant(s) stating all liens, if any, that are recorded against the sending site.
(f) A review fee pursuant to SCC 30.86.135.
(g) When the information required by subsection (2) of this section is inadequate or unavailable, the department may require additional documentation from the applicant(s) or rely on information contained in the county geographic information system or other county records.
(3) Certification of TDR certificates. Following review and approval of an application for TDR certificates, the department shall issue a TDR certificate letter of intent. The letter shall contain a determination of the number of development rights calculated for the sending site pursuant to SCC 30.35A.040, the land use designation and zoning of the sending site, and an agreement by the department to issue a corresponding number of TDR certificates in exchange for a sending site conservation easement granted to the county by the sending site owner pursuant to SCC 30.35A.060. The certificate letter of intent shall have no value and cannot be transferred or used to obtain increased development rights within receiving areas.
(4) Issuance of TDR certificates.
(a) A conservation easement pursuant to SCC 30.35A.060 for the sending site shall be approved and accepted by the county prior to issuing any TDR certificates.
(b) As provided by the TDR certificate letter of intent, the department shall issue serially numbered TDR certificates to the sending site owner upon acceptance of a conservation easement pursuant to the requirements of this section and SCC 30.35A.060.
(c) The department shall have 30 days from the date a TDR conservation easement is offered and an inspection fee is accepted by the department to conduct a review of the sending site file and perform a site inspection. If, based on such a review, the department determines that conditions on the sending site are materially different than those documented in the information provided to the department pursuant to subsection (2) of this section, the department shall reject the conservation easement and the TDR certificate letter of intent shall be null and void. Where a TDR certificate has been determined to be null and void pursuant to this subsection, a sending site owner may reapply for TDR certificates and such reapplications shall be subject to the requirements of this section. TDR certificates shall specify the land use designation and zoning of the sending site, which may determine the exchange rate or receiving area ratio in receiving areas. (Added by Amended Ord. 04-123, Dec. 15, 2004, Eff date Mar. 15, 2005; Amended by Amended Ord. 13-064, Sept. 4, 2013, Eff date Oct. 19, 2013; Amended by Amended Ord. 17-050, Sept. 27, 2017, Eff date Oct. 14, 2017; Amended by Amended Ord. 18-070, Dec. 5, 2018, Eff date Dec. 17, 2018).