30.35A.060 TDR conservation easement

30.35A.060 TDR conservation easement.

(1) TDR conservation easement required. No TDR certificates shall be issued pursuant to SCC 30.35A.050 unless a conservation easement is accepted by the director pursuant to the requirements of this section.

(2) Acceptance and recording of TDR conservation easement. Subject to the restrictions of SCC 30.35A.050(4)(c), the director shall accept and sign on behalf of the county a conservation easement offered by a sending site owner in exchange for TDR certificates following issuance of a TDR certificate letter of intent; provided, however, that the easement meets the requirements set forth in subsection (3) of this section. Following acceptance of a conservation easement by the director, the department shall record the easement with the county auditor.

(3) Requirements for TDR conservation easement. The conservation easement shall be on a form approved by the prosecuting attorney and shall be reviewed and approved by the department, subject to the requirements of this section. The easement shall contain, at a minimum, all of the following:

(a) The serial numbers of the TDR certificates to be issued by the department on the sending site that is the subject of the conservation easement.

(b) A legal description of the sending site.

(d) A covenant prohibiting the construction of any dwelling unit. The covenant shall allow accessory dwelling units, farm worker dwellings and temporary dwellings that are subordinate to existing dwelling units.

(e) A covenant prohibiting boundary line adjustments to the sending site.

(f) A covenant that all provisions of the conservation easement shall run with the land and bind the sending site in perpetuity, and may be enforced by the county.

(g) 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 or her heirs, successors and assigns shall retain exclusive rights to such access or use subject to the terms of the conservation easement.

(h) Additional provisions that are reasonably necessary for the enforcement and administration of the conservation easement as determined by the director, including a covenant granting the county a right of entry, subject to reasonable advance notice, to conduct brief inspections for the sole purpose of determining compliance with the requirements of the easement. (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. 21-018, June 9, 2021, Eff date June 19, 2021).