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ORDINANCE NO. 6 2 8 2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING ORDINANCE NO.
6232 RELATED TO THE CURRENT USE ASSESSMENT TAX PROGRAM
WHEREAS, Chapter 84.34 of the Revised Code of Washington ("RCW")
provides for certain properties within the City to be assessed based on the
current use of that property instead of at the highest and best use of the property
in order to preserve open space and other public benefits; and
WHEREAS, when property is located within a city, the application must be
approved by a Joint Determining Authority (JDA) consisting of three County
Council members and three City Council members; and
WHEREAS, RCW 84.34.030 allows the City to charge a reasonable
processing fee for evaluation of these applications; and
WHEREAS, Ordinance No. 6232 was limited to applications acted upon
prior to December 31, 2009.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Section 1 of Ordinance No. 6232 is hereby revised as
follows:
A. Section 1 of Ordinance No. 6232, Current Use Assessment
Proqram Criteria, is amended to provide that for purposes of evaluating Current
Use Assessment applications for properties located both within the City of
Auburn and within Pierce County, the City Council adopts Pierce County's Public
Benefits Rating System criteria as set forth in Table 2.114-1, adopted in the
Pierce County Code - Pierce County Ordinance Number 2009-45s Section 2
Ordinance No. 6282
December 15, 2009
Page 1 of 3
(Part) and as may be amended by the Pierce County Council, which current
version is as set forth in Chapter 2.114 of the Pierce County Code, and which
table is attached hereto, marked as Exhibit A incorporated herein by reference.
A copy of the current version of the Table and Pierce County Code Chapter
2.114 shall be on file and available at the Office of the City Clerk. The definitions
and text in said Chapter 2.114 are also adopted by reference on so far as they
are not inconsistent with other provisions of the Auburn City Code, and so as to
provide assistance in interpreting and implementing said Table 2.114-1.
B. Section 2 of Ordinance No. 6232, Appointment of Members, is
amended to provide that the chairs of Finance, Public Works and Planning &
Community Development Committees are hereby appointed to the Joint
Determining Authority (JDA) and the Vice Chairs of Committee are hereby
appointed as alternates to the JDA.
C. Section 3 of Ordinance No. 6232, Processing Fee, is amended to
provide that applicants shall pay the applicable fee in effect when the application
is submitted.
D. All other provisions of Ordinance No. 6232 shall remain in full force
and effect.
Section 2. The Mayor, is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directions of this
legislation. "
Section 3. The provisions of this Ordinance are declared to be separate
and severable. The invalidity of any clause, sentence, paragraph, subdivision,
section or portion of this ordinance, or the invalidity of the application thereof to
any person or circumstance shall not affect the validity of the remainder of this
ordinance, or the validity of its application to other persons or circumstances.
Section 4. This Ordinance shall take effect and be in force five days
from and after its passage, approval and publication as provided by law.
Provided that the Pierce County's Public Benefits Rating System criteria as set
forth in Table 2.114-1 and attached as Exhibit A shall sunset and automatically
expire and be of no further effect on December 31, 2010, unless expressly
Ordinance No. 6282
December 15, 2009
Page 2 of 3
extended or renewed by action of the City Council, in which case, the criteria and
provisions of state law applicable to Current Use Assessment Tax programs
would apply.
INTRODUCED: DEC 21 2009
PASSED: DEC 212009
A P R ~ 12009
~
ATTEST:
PET R B. LEWIS, MAYOR
Danielle E. Daskam, City Clerk
APP ~ VED AS TO FORM:
aniel B. Hei , City Attorney1
Published:
Ordinance No. 6282
December 15, 2009
Page 3 of 3
Exhibit A, Ordinance No. 6282
(Chapter 2.114 Pierce County Code)
Chapter 2114
CURRENT USE ASSESSMENT ADMINISTRATI VE PROCEDURES
Sections:
2.114.010 Purpose.
2.114.020 Applicability.
2.114.030 Definitions.
2.114.040 Productive Farm and Agricultural Land Current Use Assessment.
2.114.050 Timber Land Current Use Assessment.
2.114.060 Current Use Assessment Open Space Land and the Public Benefit Rating
System.
2.114.070 Fees.
2.114.080 Reclassification of Existing Open Space Land Current Use Assessment
Program Participants Upon Adoption of a Public Benefit Rating System.
2.114.090 Multiple Jusidictions.
2.114.100 Requests for Compensating Tax Estimates.
2.114.110 Authority to Require Additional Information.
2.114.120 Withdrawal from Classification Under the Current Use Assessment Program.
2.114.130 Change in Use.
2.114.140 Extensions and Payment of Additional Tax, Penalties, and Interest. ,
2.114.150 Removal of Classifcation Under the Current Use Assessment Program.
2.114.160 Advisory Committee.
2114.170 Agreements May be Abrogated by the Legislature.
Appendices:
A. Public Benefit Rating System.
B. Value Reduction and Current Use Assessment Valuation Schedule Table.
Cross-reference: RCW 34.04, 84.33, and 84.34; WAC 458.30, Chapter 19D.170 PCC
2.114.010 Purpose.
Chapter 84.34 Revised Code of Washington (RCW), provides an opportunity for certain
categories of open space lands, agricultural lands, and timber lands to have the tax structure
based upon the current use rather than on the traditional fair market value system of highest and best use. This alternative taxation method is referred to as the Current Use Assessment (CUA)
Program. The purpose of these regulations is to provide the mechanism for property owners to
apply and participate in Pierce County's Current Use Assessment Program. (Ord. 98-114S § 3
(part), 1999)
2.114.020 Applicability.
The rules and regulations set forth in this Chapter shall govern the procedure used by Pierce
County in the processing of all productive farm and agricultural land, timber land, and open
space land current use assessment applications. (Ord. 98-1145 § 3(part), 1999)
2.114 1
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2.114.030
2.114.030 Definitions.
A. "Assessor" means the Pierce County Assessor-Treasurer or appointed designee.
B. "Archaeologic 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. Confidentiality of locations may be required of
archeological sites.
C. "Agricultural Land" means:
l. Land primarily devoted 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
Department 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 ganting.
D. "Aquifer Recharge Areas" means land areas where the prevailing geologic conditions
allow infiltration rates which create a high potential for contamination of groundwater
resources or contribute to the replenishment of groundwater.
E. "Contiguous" means land adjoining and touching other property held by the same
ownership. Land divided by a public road, but otherwise an integral part of a farming
operation, shall also be considered contiguous. .
F. "Critical Salmon Habitat" means:
1. The specific areas within the geographical area occupied by the species, at the time
it is listed in accordance with the provisions of Section 4 of the Federal Endangered
Species Act, on which are found those physical or biological features:
a. Essential to the conservation of the species; and
. b. Which may require special management considerations or protection; and
2. Specific areas outside the geographical area occupied by the species at the time it is
listed in accordance with the provisions of Section 4 of the Federal Endangered
Species Act, upon a determination by the national Secretary of the Interior and/or
Commerce that such areas are essential for the conservation of the species.
G. "Current" or "Currently" means as of the date on which property is to be listed and
valued by the Assessor.
H. "Department" means the Pierce County Planning and Land Services Department.
1. "Director" means the Director of the Pierce County Planning and Land Services
Department or appointed designee.
J. "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 these 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;
2.l 14 2
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2.114.030
commercial and recreational shellfish areas; kelp and eelgrass beds; herring and smelt
spawning areas; 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.
K. "Flood Hazard Areas" means land in a floodplain within Pierce County subject to a
0.2 percent or greater chance of flooding in any given year (500-year floodplain).
L. "Granting Authority" means the appropriate designated agency, department, or
official who acts on an application for classification under the current use assessment
program.
M. "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.
N. "Improvements" means any changes to raw land which may add to value, including,
but not limited to, grading, engineering, roads, utilities, drainage, planting, primary
buildings and accessory structures, and construction of facilities.
0. "Lakes" means all freshwater impoundments 20 acres or greater in size and their
undeveloped shoreline areas.
P. "Landslide Hazard Areas (Steep Slopes)" means areas potentially subject to risk of
mass movement due to a combination of geologic, topographic, and hydrologic factors.
Q. "Legislative Authority" means the Pierce County Council or appointed designee.
, R. "Marine Waters" means Puget Sound and its associated undeveloped shoreline areas.
S. "Owner" means the party or parties having the fee interest in land, except where land
is subject to real estate contract "owner" shall mean the contract vendee.
T. "Prairie Land" means open areas 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.
U. "Private 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.
V. "Private Parks and Private Golf Courses with Developed Facilities" means a
private park or golf course designed for organized activities and sports, although
individual and family activities are also encouraged.
W. "Private Trails and Corridors" means private 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.
X. "Privately Owned and Operated Recreational Facilities" means profit or non-profit
recreation which is open for recreational sporting activities.
Y. "Productive Farm and Agricultural Land" means those lands which meet the
definition in RCW 8434.020(2).
2.1 l4 3
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2.114.040
Z. "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. AA. "Scenic View Point" means property adjacent to a federally- or state-designated scenic
highway or other officially designated view point 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.
View points may be officially designated by the State of Washington, Pierce County, or
a City or Town.
AB. "Seismic Hazard Areas" means those areas subject to severe risk of damage as a
result of earthquake induced ground shaking, slope failure, settlement, or soil
liquefaction.
AC. "Streams" means a flow of water conveyed in a channel or course either continuously
or intermittently, and the water's associated buffer.
AD. "Timber Land" means any 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 growth and harvest of forest crops for commercial purposes. This
definition is restricted to the land only.
AE. "Volcanic Hazard Areas" means those areas subject to pyroclastic flows, lava flows,
and inundation by debris flows, mudflows, or related flooding resulting from geologic
or volcanic events on Mount Rainier.
AF. "Wetlands, Estuaries, and Tidal Marshes" 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.
AG. "Wooded Areas" means a lot over one acre in size in the urban area or over five acres
in size in a rural area with a minimum width of 300 feet on which is found a mature
stand of coniferous or deciduous trees and native plant understory. The wooded area
must serve a demonstrated functional purpose in climate, noise, light, habitat, ar
pollution control.
(Ord. 2009-45s § 2(part), 2009; Ord. 2004-112s § 2(part), 2004; Ord. 98-114S § 3(part), 1999)
2.114.040 Productive Farm and Agricultural Land Current Use Assessment.
A. Purpose. The purpose of this Section is to establish a mechanism to encourage
retention of productive farm and agricultural lands by providing a tax incentive to retain
such properties in a farm an agricultural based use.
B. Applicability. The provisions of this Section shall apply to those lands which qualify
under RCW 84.34.020(2).
C. Application Filing.
1. Applications for productive farm and agricultural land current use assessment shall
be made on forms prepared by the State Department of Revenue and supplied by the
Assessor's Office. Forms shall also contain a statement of the potential tax liability
involved when such land ceases to be designated as productive farm and agricultural
land.
2. Applications shall be filed with the Assessor's Office no later than the last working
day of the year preceding the year classification would begin.
2.114 4
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2.114.040
3. Complete applications shall contain the required information necessary to determine
classification of land under this Section
4. The application shall also include a notarized signature of the property owner
verifying that all such information provided is a true statement of fact.
5. If an application far classification is denied, a reapplication covering the same parcel
of land or a portion thereof, may not be submitted to the Assessor for one year
following the date the initial application was received.
D. Review.
L The Assessor shall review applications for productive farm and agricultural land
current use assessment for compliance with applicable laws including but not limited
to Chapters 84.33 and 84.34 RCW and Chapter 458-30 WAC and shall render a
decision no later than Apri130 of the year following application.
~ 2. The Assessor shall consider the relevant zoning, and if the zoning prohibits the farm
and agricultural activity for which classification is being sought, deny the
application.
3. The Assessor shall retain a copy of all applications.
E. Determination of Current Use Value. The Assessor shall determine the amount of tax
reduction applied to productive farm and agricultural land current use assessment
applications in accordance with the provisions set forth in RCW 84.33 and 84.34 and
WAC 458.30.
F. Approval. Within 10 days following approval of an application, the Assessor shall
submit notification of such approval to the Pierce County Auditor for recording as
provided far in the public recording of State tax liens on real property.
G. Denial. The Assessor shall notify the owner in writing of the extent to which the
application is denied.
H. Appeals. An owner who received notice that his or her application has been denied may
appeal such decision to the Pierce County Board of Equalization. The appeal shall be
filed in accordance with RCW 84.40.038 within 30 days after the mailing of the notice
of denial.
1. Notation. For all lands approved under the farm and agricultural land current use
assessment program, the Assessor shall make a notation each year on the assessment list
and the tax roll of the assessed value of such land for the use classified in addition to the
assessed value of such land were it not classified.
J. Reclassification to Open Space Current Use Assessment.
1. Land that was previously classified under this Section, which no longer meets the
criteria set forth in RCW 8434.020(2) and Chapter 458-30 WAC, may be
reclassified under the provisions of Section 2.114.060 provided that the land has not
been irrevocably devoted to a use inconsistent with agricultural uses and has a high
potential for returning to commercial agriculture.
2. Applications for such reclassification shall follow the provisions set forth in Section
2.114.060.
3. Land which has been approved for reclassification under Section 2.114.060 shall not
be considered a withdrawal from classification under the provisions of Chapter
84.34 RCW and Chapter 458-30 WAC.
(Ord. 98-114S § 3 (part), 1999)
2.114 5
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2. ] 14.050
2.114.050. Timber Land Current Use Assessment.
A. Purpose. The purpose of this Section is to establish a mechanism to encourage forestry
and restocking and reforesting of such forests by providing a tax incentive to'retain such
properties i.n a forestry based use.
B. Applicability. The provisions of this Section shall apply to those lands which qualify under Chapter 84.33 RCW and RCW 84.34.020(3).
C. Application Filing.
1. Applications for timber land current use assessment shall be made upon forms
prepared by the State Department of Revenue and supplied by the Assessor's Office.
Forms shall also contain a statement of the potential tax liability involved when
such land ceases to be designated as timber land.
2. Applications shall be filed with the Department no later than the last working day of
the year preceding the year classification would begin.
3. Complete applications shall contain the required information necessary to determine
classification of land under this Section including all information set forth in RCW
84.34.041(1), and a timber management plan which shall include, at a minimum, the
following:
a. A goal and objectives statement;
b. An aerial photo or an equivalent showing property lines, access roads, etc.;
c. A photo overlay or map delineating forest types according to management types;
d. Soil productivity information;
e. A summary of stand treatments planned; and
f. An outline of how environmental concerns will be addressed.,
4. The application shall also include a notarized signature of the property owner
verifying that all such information provided is a true statement of fact.
5. If an application for classification is denied, a reapplication covering the same parcel
of land or a portion thereof, may not be submitted to the Department for one year
following the date the initial application was received.
D. Public Hearing.
1. The Department shall set a date for a public hearing before the Pierce County
Planning Commission after all requests for additional information, if applicable,
have been satisfied.
2. The Department shall transmit a report to the Planning Commission in accordance
with Planning Commission Rules of Operation.
3. The Department shall publish notification of the public hearing date and time in the
official County newspaper and mail notification to the applicant and any other
individual requesting notification at least 10 days prior to the scheduled hearing.
4. An application may be amended or modified at the prescribed public hearing without
further legal notice, provided any such change or modification does not alter the
original boundary in such a manner as to include either additional or different land
or propose a use substantially different from that set forth in the legal notice. When
changes or modifications which exceed the scope of the legal notice are proposed at
the public hearing, no action shall be taken until additional legal notice for those
changes or modifications is provided.
E. Planning Commission's Authority.
1. The Planning Commission shall conduct all public hearings in accordance with
Chapter 2.78 PCC.
2.114--6
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2.114.050
2. The Planning Commission shall review all requests for timber land current use
assessment, the Departmental report, any comments received, and applicable
County regulations or policies and may inspect the property prior to rendering a
recommendation to the County Council.
3. The Planning Commission may recommend approval, approval in part, approval of
the application with conditions, or denial of the application.
4. The Planning Commission shall forward its recommendation, along with applicable
staff reports and findings of fact, to the County Council for final action.
F. Decision Criteria for Timber Land Current Use Assessment Applications. In
determining whether an application made for timber land current use assessment should
be approved or disapproved, the Planning Commission and County Council may
consider:
1. Whether the land contains a stand of timber as defined in Chapter 76.09 RCW and
applicable rules, except under the following circumstances:
a. The land has been recently harvested or supports a growth of brush or
noncommercial type timber and the application includes a plan for restocking
within three years or a longer period necessitated by unavailability of seed or
seedlings;
b. If applicable, the applicant or owner has complied with a final administrative or
judicial order with respect to a violation of the restocking, forest management,
fire protection, insect and disease control, weed control, and forest debris
provisions of Title 76 RCW or applicable rules under Title 76 RCW; or
c. The land abuts a body of salt water and lies between the line of ordinary high
tide and a line paralleling the ordinary high tide line and two hundred feet
horizontally landward from the high tide line.
2. The zoning of the parcel(s) of land at the time when the application for classification
is filed.
3. The revenue impact that will result from granting the application.
4. Any other factors relevant in weighing benefits to the general welfare of the current
use of such land.
G. Determination of Current Use Value. The Assessor shall determine the current use
value applied to timber land current use assessment applications in accordance with the
provisions set forth in Chapters 84.33 and 84.34 RCW, Chapter 458-30 WAC, and any
other applicable laws.
H. Approval.
L The County Council may approve all of the land or only part of the land identified in
. the application for timber land current use assessment.
2. The County Council shall immediately notify the owner, Department, parties of
record, and Assessor of approval.
1. Preparation, Signatures, and Recording of Agreement.
1. Within five calendar days after the effective date of Council's action, the Department
shall prepare and the County Executive shall sign three copies of a timber land
agreement and forward the agreement to the applicant. The agreement shall be
delivered by certified mail, return receipt requested.
2. The applicant shall indicate acceptance by signing and returning two copies of the
agreement to the Department within 25 days after receipt thereof. If the two signed
copies of the agreement are not received by the Department within 30 days of
mailing to the applicant, the agreement shall be considered rejected and no further
2.114 7
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2.114.060
action shall be taken. The Assessor, Council, and County Executive shall be notified
of the rejection and no further action shall be taken.
3. Within 10 days of receipt of the applicant's signed copies of the timber land
agreement, the Department shall obtain the signature of the County Executive and
shall submit notification of such approval to the Pierce County Auditor for recording
as provided for in the public recording of State tax liens on real property. No
agreement may be recarded without the signature of the County Executive and
, payment of appropriate advertising fees to the County. Once recorded, the file shall
be forwarded to the Assessor's office.
J. Denial.
1. The County Council shall deny any application which does not meet the criteria
identified in subsection F. above.
2. The County Council shall immediately notify the owner in writing of the basis of
denial. If the County Council denies part of the application the applicant may
withdraw the entire application.
K. Time Period for Final Decision. The final decision for approval or disapproval of an
application for timber land current use assessment shall be no more than six months
from the date of the Department's acceptance of a complete application.
L. Appeals. The County Council's final approval or denial, in whole or in part, of a timber
land current use assessment application shall be appealable to a court of competent
jurisdiction pursuant to RCW 84.34.041(5).
M. Notation. For all lands granted approval under the timber land current use assessment
program, the Assessor shall document current use and market values on the assessment
and tax rolls.
(Ord. 98-114S § 3 (part), 1999)
2.114.060 Current Use Assessment Open Space Land and the Public Benefit Rating
System.
A. Purpose. The purpose of the public benefit rating system is to correlate community
values,for the preservation of open space to a value reduction given to applicants in the
open space land current use assessment program. The public benefit rating system
establishes a priority ranking system.for various open space resources; groups these
resources into high, medium, and low point categories; sets forth criteria.for determining
eligibility of proposed resource lands; and correlates the point values against a value
reduction table. Optional bonus categories have also been provided which grant extra
points for other conditions expressed by the community as valuable to the program such
as public access, linkage of open space, conservation easements, and preservation of .
open space within urban areas.
B. Applicability. The public benefit rating system only applies to those properties that
qualify under the open space land classification in the current use assessment program.
The system does not apply to current use assessment applications for commercial
agricultural and forest land properties which qualify under Chapter 84.33 RCW (timber
and forest lands), RCW 84.34.020(2) and RCW 84.34.065 (farm and agricultural lands).
C. Application Filing.
1. Applications for open space land current use assessment shall be made upon a form
prepared and supplied by the Department. Forms shall also contain a statement of
~ the potential tax liability involved when such land ceases to be designated as open
space.
2.114 8
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2.114.060
2. Applications shall be filed with the Department no later than the last working day of
the year preceding the year classification would begin.
3. Complete applications shall contain the required information necessary to determine
classification of land under this Section and shall include a notarized signature of the
property owner verifying that all such information provided is a true statement of
fact. If necessary, the Department may request the applicant to provide additional
information to determine program eligibility or point ranking.
4. If an application for classification is denied, a reapplication covering the same parcel
of land or a portion thereof, may not be submitted to the Department for one year
following the date the initial application was received. ,
D. Public Benefit Rating System Program Eligibility.
1. . Each property described in an application for open space land classification shall be
evaluated for the presence of open space priority resources and bonus categories
listed in Appendix "A", Table 2.114-1.
2. A minimum of three priority resource points are necessary to qualify under the
program. This would be one high priority resource for five points or one medium
resource for three points or three low priority resource types for three points. No
greater than 15 priority resource points are allowed. Refer to subsection I. for
detailed eligibility criteria, data sources, and examples.
3. A maximum of 25 points are allowed. ,
4. Bonus categories and points are offered for proposals which grant public access,
have lands which are located within an urban designation, dedicate a conservation or
historic easement, or provide linkage of open space parcels. Additional eligibility
criteria for bonus categories is set forth in subsection K.
5. If a priority resource category definition or eligibility criteria includes a component
set forth in a bonus category, then points from that bonus category are automatically
factored into the proposal, i.e., trails would automatically qualify for five public
access points.
6. Qualification for a priority resource category is determined based on the definitions
and eligibility criteria and is not limited by referenced data sources and examples.
E. Verification of Open Space Priority Resources.
1. The presence or occurrence of a proposed open space resource will be verified by
the department or County agency responsible for the administration of the public
benefit rating system. Said department or agency may, from time to time, call upon
another County department or agency with appropriate expertise to aid in the
verification process. The provisions set forth in Section 2.114.030 and subsections
2.114.060 I. and K. shall be used in the verification process.
2. Alternatively, the existence ofthe proposed open space resource'may be verified by
an expert recognized by the County in the particular resource being reviewed.
F. Management of the Open Space Resource.
1. As a condition of approval, the property owner shall agree to maintain the open
space resource(s) in the same or better condition than existed at the time the
approval was granted.
2. Any activities engaged in by the property owner which reduces the value of the land
as open space is prohibited; e.g. the cutting of trees, clearing of brush, blocking of
views. Exceptions to this provision may be ganted when such activities are deemed
as necessary by the Department to protect public health, safety, and welfare or are
the result of an act of nature (floods, storm etc.).
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2.114.060
3. Violations of any provisions of the open space agreement shall constitute a change
of use and be subject to RCW 84.34.080 and 84.34.108.
G. Re-evaluation and Administrative Amendments to Previously Approved Open
Space Land Current Use Assessment Applications.
1. The Department shall have the authority to grant administrative amendments to
previously approved open space land current use assessment applications.
Administrative amendments are strictly limited to inclusion of bonus category points
for the Designated Urban Lands category identified in 2.114.060 K.3.
2. By December 31, the applicant shall submit a letter to the Department which
outlines the request for a re-evaluation of points and includes documentation which
supports the requested change (e.g. land use amendment indicating shift of the
property to an urban designation). ~
3. By June 1, the Department shall notify the property owner of the final decision to
approve or deny the request for amendment.
4. If approved by June 1, the correlating value reduction, if applicable, shall become
effective the following calendar year.
5. As provided in RCW 84.34.037(3) and 84.34.55(3), property that is enrolled in the
County's open space land current use assessment program as of the date of adoption
of the public benefit rating system will be re-evaluated. Such re-evaluations will be
performed in conjunction with the physical inspection cycle as funds become
available or when the property is sold, whichever comes first.
H. Public Benefit Rating System Point System. See Table 2.114-1 Public Benefit Rating
System in Appendix "A".
1. Description of Resource Categories: Eligibility Criteria, Data Sources, and
Examples.
1. High Priority Resources.
a. Agricultural Lands.
(1) Eligibility Criteria. Agricultural Lands are those lands meeting any of the
following criteria:
(a) Lands which are on prime or unique soils as identified in the data
sources; or
(b) Lands which are primarily devoted to the 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 8433.140, or
livestock, and which have significance for agricultural production.
(c) Lands that have traditionally been in or are still capable of production
of the above as demonstrated by sales receipts, ineome tax statements,
or other materials which the Department 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
plan which includes a water protection plan that shall be reviewed and
approved by the conservation district prior to granting.
(2) Data Sources.
(a) United States Department of Agriculture (USDA), Soil Conservation
Service. February, 1979, Soil Survey of Pierce County Area,
Washington.
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(b) USDA, Soil Conservation Service, June, 1981, Important Farmlands of
Pierce County, Washington.
(c) Lands that have been traditionally in or are still capable of production
of the above as demonstrated by: sales receipts, income tax statements
or other materials which the Department 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 include a water protection plan, that shall be reviewed and
approved by the conservation district prior to granting.
(3) Examples. Lands utilized for crop production in the Puyallup River valley.
b. Critical Salmon Aabitat.
(1) Eligibility Criteria. Properties and associated lands identified in a adopted
Federal, State or local program intended to enhance or preserve critical
salmon habitat.
(2) Data Sources. Adopted Federal, State or Local program documents intended
to enhance or preserve critical salmon habitat.
(3) Examples. River and basin maps for the White and Puyallup River systems
and South Prairie Creek system.
c. Fish and Wildlife Habitat Conservation Areas.
(1) Eligibility Criteria.
(a) Areas which have a primary association with federally or state listed
endangered, threatened, or sensitive species of fish or wildlife
(specified in 50 CFR 17.11, 50 CFR 17.12, WAC 232-12-01 and
WAC 232-12-014) and which, if altered, may reduce the likelihood that
the species will maintain and reproduce over the long term.
Endangered, threatened, or sensitive species found in Pierce County as
of March 1997 are set forth in Title 18E PCC.
(b) Habitats and species of local importance, including the following:
i. Areas with which State-listed monitor or candidate species or
federally listed candidate species have a primary association, as
specified in Washington Department of Wildlife Policies 4802 and
4803, and which, if altered, may reduce the likelihood that the
species will maintain and reproduce over the long term. Candidate
and monitored species found in Pierce County as of March 1997
are set forth in Title 18E, PCC.
ii. Documented habitat areas or outstanding potential habitat areas for
endangered, threatened, sensitive, candidate, or monitor species.
These areas include specific habitat types which are infrequent in
' occurrence in Pierce County and may provide specific habitats
with which endangered, threatened, sensitive, candidate, or
monitar species have a primary association, such as breeding
habitat, winter range, and movement corridors. These areas
include the following: oak woodlands, prairies, old growth forests,
rocky shoreline areas, caves, cliffs, snag-rich areas, White River
elk herd winter range.
(c) Commercial and recreational shellfish areas;
(d) Kelp and eelgrass beds; herring and smelt spawning areas; '
(e) Naturally occurring ponds under 20 acres and their submerged aquatic
beds that provide fish or wildlife habitat; and
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( fl State natural area preserves and natural resource conservation areas.
(g) Land located within the Pierce County Biodiversity Network as
identified in the Pierce County Biodiversity Network Assessment report
dated August 2004.
(2) Data Sources.
(a) Pierce County Critical Areas Atlas:
i. Fish and Wildlife Habitat Conservation Areas-Commercial and
Recreational Shellfish Areas Map;
ii. Fish and Wildlife Habitat Conservation Areas-Stream Typing
Maps;
iii. Fish and Wildlife Habitat Conservation Areas-Vascular Plants
Map; and
iv. Fish and Wildlife Habitat Conservation Areas-Priority Habitats
and Species Map.
(b) Commercial and Recreational Shellfish Areas in Puget Sound,
Washington Department of Health, was used as a source to identify fish
and wildlife habitat conservation areas which are depicted in the
Critical Areas Atlas-Fish and Wildlife Habitat Conservation Areas-
Commercial and Recreational Shellfish Areas Map.
(c) Natural Heritage Data Base, Washington Department of Natural
Resources, was used as a source to identify fish and wildlife habitat
conservation areas which are depicted in the Critical Areas Atlas-Fish
and Wildlife Habitat Conservation Areas-Vascular Plants and Fish and
Wildlife Habitat Conservation Areas-Animals Maps.
(d) Puget Sound Environmental Atlas, Puget Sound Water Quality
Authority.
(e) Coastal Zone Atlas of Washington, Volume VII, Pierce County,
Washington Department of Ecology;
(fl Priority Habitats and Species Program and Priority Habitat Species
Maps, Washington Department of Fish and Wildlife;
(g) Nongame Data Base, Washington Department of Fish and Wildlife;
(h) Washington Rivers Information System, Washington Department of
Fish and Wildlife; and '
(i) Water Resource Index Areas (WRIA), Washington Department of Fish
and Wildlife.
(j) Pierce County Biodiversity Network Assessment, August 2004..
(3) Examples. Nesting sites for bald eagles, prairies, old growth forests, oak
woodlands, great blue heron rookeries, Upland Biodiversity Management
Area.
d. Marine Waters.
(1) Eligibility Criteria. Undeveloped shoreline areas adjacent to marine waters
of Puget Sound and associated tidelands (as defined by Pierce County
Shoreline Master Program) associated with marine waters.
(2) Data Source. Pierce County Shoreline Mater Program mapping.
(3) Examples. Tacoma Narrows, Henderson Bay, Case and Carr Inlets.
e. Prairies.
(1) Eligibility Criteria. A one acre ar greater undeveloped parcel that is
predominately vegetated by native drought resistant grasses, forbs, and
herbs.
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(2) Data Source. Pierce County Oak Woodlands, Prairies and Grasslands Map.
(3) Examples. A remnant prairie parcel owned by Pierce County Parks and
Recreation Services is located at the southwest corner of the intersection of
Tule Lake Road South and Yakima Avenue South.
f. Streams.
(1) Eligibility Criteria.
(a) Undeveloped lands identified in (b) and (c) below which are located
adjacent to streams and rivers classified by the Washington Department
of Natural Resources (DNR) water typing classification system as
detailed in WAC 222-16-030;
(b) Buffer areas associated with streams and rivers as required by Pierce
County critical area regulations (Title 18E PCC); and
(c) Unimproved areas contiguous with required stream buffer areas
extending up to 200 feet landward from the ordinary high water mark
of the stream.
(2) Data Sources.
(a) Pierce County Critical Areas Atlas Fish and Wildlife Habitat
Conservation Areas-Stream Typing Maps; and
(b) Water Type Reference Maps, Washington Department of Natural
Resources, were used as sources to identify fish and wildlife habitat
conservation areas which are depicted in the Critical Areas Atlas-Fish
and Wildlife Habitat Conservation Areas-Stream Typing Maps.
(3) Examples. Clover Creek, the Puyallup River, Minter Creek.
g. Wetlands, Estuaries, and Tidal Marshes.
(1) Eligibility Criteria.
(a) Wetlands;
(b) Buffer areas for wetlands as required by Pierce County Critical Area
regulations (Title 18E PCC);
(c) Unimproved areas contiguous with required wetland buffer areas
extending up to 200 feet landward from the edge of the wetland; and
(d) Areas that qualify for buffer averaging under Pierce County Wetland
Management Regulations (Title 18E PCC).
(2) Data Sources.
(a) Pierce County Wetland Inventory Maps;
(b) National Wetland Inventory Maps; and
(c) Priority Habitats and Species Program and Priority Habitat Species
Maps, Washington Department of Fish and Wildlife.
(3) Examples. Swamps, marshes, bogs, estuaries, tidal marshes. ,
h. Wooded Areas.
(1) Eligibility Criteria.
' (a) Wooded areas over one acre in size meeting the definition in 2.114.030
AF. and which:
i. provide public access;
ii. serve as a buffer between urban and rural areas;
iii. provide a separation between communities;
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iv. provide a buffer between developed areas and adjacent designated
parks, designated wildlife preserves, designated nature reserves,
critical areas (as defined by Title 18E PCC), ar designated historic
~ sites; or
v. provide a linkage or corridor between other designated open space
areas.
(2) Data Sources. Wooded Areas Map.
(3) Examples. Large forested area adjacent to Spanaway Loop Road.
2. Medium Priority Resources.
' a. Aquifer Recharge Areas.
(1) Eligibility Criteria. Areas which contain both ofthe following:
(a) Areas within the Clover/Chambers Creek Aquifer basin boundary and
areas within the boundaries of the two highest D.R.A.S.T.I.C. zones
(rated 180 and above) in the Map of Groundwater Pollution Potential;
and
(b) Other high or medium priority resources as defined by this Section.
(2) Data Sources.
(a) Clover/Chambers Creek Basin Ground Water Management Program
and D.R.A.S.T.I.C. index as identified by the National Water Well
Association in the Map of Groundwater Pollution Potential; and
(b) Pierce County Critical Areas Atlas, Aquifer Recharge Area-
D.R.A.S.T.I.C. Zones and Clover/Chambers Creek Basin Maps.
(3) Examples. Oak woodland area overlying the aquifer in Parkland/ Spanaway
area.
b. Archaeologic Sites.
(1) Eligibility Criteria. Archaeological sites as recorded by the Washington
State Office of Archaeology and Historic Preservation.
(2) Data Sources. Confidential data obtained from Pierce County Planning and
Land Services and the Washington State Office of Archaeology and Historic
Preservation.
(3) Examples. Prehistoric and historic Native American Indian or aboriginal
burials, campsites, dwellings, and habitation sites, including rock shelters
and caves.
c. Historic Landmark Sites.
(1) Eligibility Criteria. Historic sites listed or nominated and eligible for listing
in the following:
(a) National Register of Historic Places;
(b) Washington Heritage Register; and
(c) Pierce County Register of Historic Places; and
(d) Historic property registers within local jurisdictions in Pierce County
that are recognized as Certified Local Governments by the Washington
` State Departmenf of Archaeology and Historic Preservation.
(2) Data Sources.
(a) National Register of Historic Places;
(b) Washington Heritage Register; and
(c) Pierce County Register of Historic Places; and
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(d) Historic property registers within local jurisdictions in Pierce County
that are recognized as Certified Local Governments by the Washington
State Department of Archaeology and Historic Preservation.
(3) Examples. Village sites, trails, battlefields, ceremonial sites or that portion
of a parcel not encumbered by the designated historic buildings.
d. Flood Hazard Areas.
(1) Eligibility Criteria. Those areas located within a 100-year floodplain or
500-year floodplain as identified on the FEMA FIRM Maps.
(2) Data Sources. Flood Insurance Study for Pierce County, dated August 19,
1987, or as amended, with accompanying Flood Insurance Rate (FIRM)
Maps prepared by the Federal Emergency Management Agency (FEMA).
(3) Examples. Portions of the Puyallup River valley.
e. Lakes.
(1) Eligibility Criteria. Undeveloped shoreline areas adjacent to lakes (as
def ned by Pierce County Shoreline Master Program) associated with lakes.
(2) Data Sources. Pierce County Shoreline Master Program.
i(3) Examples. Crescent Lake, Lake Tapps, and Ohop Lake.
f. Private Open Space Passive Recreation Areas.
(1) Eligibility Criteria. Public access in the open space from a public road is
required.
(2) Data Sources. Hearing Examiner preliminary and final approvals as found
in the hearing case file on file with the Department.
(3) Examples. In the "Lakeland planned residential community, UP9-70" if the
required 71 acres of open space, park and trails are accessible to the public
_ (condition 72, page Sl, decision dated February 23, 1993).
g. Privately Owned and Operated Recreational Facilities.
(1) Eligibility Criteria.
(a) An FAA designated recreational air field shall be considered a park
allowing access when the general public is allowed access onto a
portion of the site that is developed and maintained for organized
activities and sports or passive recreational activities such as walking
on a trail, observing wildlife, and picnicking; and
(b) A fishing, hunting or gun club shall be considered a park allowing
access when the general public is allowed access onto a portion of the
site that is developed and maintained for organized activities and sports
or passive recreational activities such as walking on a trail, observing
wildlife, and picnicking.
(c) Golf courses, driving ranges, etc. are not eligible under this subsection;
refer to subsection 2.114.060 I.l .d.
(2) Data Sources. Verification of inembership requirements, business licenses,
covenants, etc.
(3) Examples. Recreational air field, fishing, hunting or gun clubs.
h. Private Trails and Corridors.
(1) Eligibility Criteria.
(a) Public access on the trail from a public road is required.
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(b) A linear corridor of open space which often provides passive
recreational and non-motorized transportation opportunities and which
serve as a buffer between developments and varying land uses, or
creates a sense of visual relief from dense urban landscapes.
(2) Data Sources..Hearing Examiner preliminary and final approvals as found
in the hearing case file on file with the Department, Pierce County Non-
motorized Transportation Plan, and the Pierce County Open Space/
Greenbelts Map.
(3) Examples. In the "Lakeland planned residential community, UP9-70" if the
required 71 acres of open space, park and trails are accessible to the public
(condition 72, page 51, decision dated February 23, 1993).
3. Low Priority Resources.
a. Landslide Hazard Areas (Steep Slopes).
(1) Eligibility Criteria. Landslide hazard areas are those areas meeting any of
the following criteria:
(a) Areas of historic failures, including areas of unstable old and recent
landslides;
(b) Areas with all three of the following characteristics:
i. Slopes steeper than 15 percent;
ii. Hillsides intersecting geologic contacts with a relatively permeable
sediment overlying a relatively impermeable sediment or bedrock;
and
iii. Springs or groundwater seepage.
(c) Slopes that are parallel or sub-parallel to planes of weakness, such as
bedding planes, joint systems, and fault planes in subsurface materials;
(d) Slopes having gradients steeper than 80 percent subject to rockfall
during seismic shaking;
(e) Areas potentially unstable as a result of rapid stream incision, stream
bank erosion, and undercutting by wave action;
) (fl Areas that show evidence of, or are at risk from snow avalanches;
(g) Areas located in a canyon or on an active alluvial fan, presently or
potentially subject to inundation by debris flows or catastrophic
flooding;
(h) Any area with a slope of 30 percent or steeper and with a vertical relief
of ten or more feet. A slope is delineated by establishing the toe and
top and measured by averaging the inclination over at least ten feet of
vertical relief; and
(i) Areas which have a severe limitation for building site development
because of slope conditions, according to the Soil Conservation
Service. (2) Data Sources.
(a) Pierce County Critical Areas Atlas - Landslide and Erosion Hazard
Areas Map;
(b) Soil Survey of Pierce County Area, Washington, 1979, Soil
Conservation Service, United States Department of Agriculture
(USDA);
(c) Coastal Zone Atlas for Washington, Washington Department of
Ecology;
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(d) Areas designated as slumps, earthflows, mudflows, lahars, or landslides
on maps published by the United States Geological Survey or
Washington Department of Natural Resources Division of Geology and
Earth Resources;
(e) Soil Survey of Snoqualmie Pass Area, Parts of King and Pierce
Counties, Washington, United States Department of Agriculture, Soil
Conservation Service, December 1992.
(3) Examples. Marine bluffs, cliffs, and unstable hillsides.
b. Private Parks and Private Golf Courses with Developed Facilities.
(1) Eligibility Criteria. Public access to the park from a public road is required,
except a homeowner-owned and maintained developed subdivision park
amenity shall be considered a park allowing access.
(2) Data Sources. Hearing Examiner preliminary and final approvals as found
in the hearing case file on file with the Department.
(3) Examples. Tot lots, private neighborhood parks, trails, nature areas, and
multi-use fields for soccer or youth league baseball. Areas may include a
children's playground; picnic tables and related accessories; tennis courts;
an outdoor basketball court; and other associated facilities or similar
features required by the Hearing Examiner.
c. Scenic View Points and Corridors.
(1) Eligibility Criteria.
(a) Scenic View Points as defined above adjacent to SR-706, SR-7 south of
its intersection with SR-507, and SR-410 from Greenwater east to Mt.
Rainier.
(b) Scenic Corridors as defined above that can be seen from SR-706 or
SR-7 south of its intersection with SR-507, and SR-41 0 from
Greenwater east to Mt. Rainier.
(c) View points may be officially designated by the State of Washington,
Pierce County, or a city or town.
(2) Data Sources. RCW 47.39.020. '
(3) Examples. Scenic views of Mt. Rainier, mountains, and water.
d. Seismic Hazard Areas.
(1) Eligibility Criteria. Areas which possess one ofthe two following
characteristics:
(a) Alluvial surficial geologic unit; or
(b) Recessional outwash surficial geologic unit over(ain by Barneston, '
Everett, Neilton, Pilchuck, or Spanaway soils.
(2) Data Sources.
(a) Pierce County Critical Areas Atlas - Seismic Hazard Areas Map; -
(b) Groundwater Occurrence and Stratigraphy of Unconsolidated Deposits,
Central Pierce County, Washington, Water Supply Bulletin Number 22,
Plates One and Two, and Water Resources and Geology of the Kitsap
Peninsula and Certain Adjacent Islands, Water Supply Bulletin Number
18, Plate One, U.S. Department of the Interior, Geological Survey,
. Water Resources Division;
(c) Soil Survey of Pierce County Area, Washington, United States Dept. of
Agriculture, Soil Conservation Service; and
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~ (d) Soil Survey of Snoqualmie Pass Area, Parts of King and Pierce
Counties, Washington, United States Department of Agriculture, Soil
Conservation Service, December 1992.
(3) Examples. Lands within the Puyallup River valley.
e. Volcanic Hazard Areas.
(1) Eligibility Criteria. Those areas that have been historically inundated by a
Case I, Case II, or Case III debris flow or are located in other drainages
expected to be inundated by a future Case I, Case II, or Case III debris flow.
(2) Data Sources.
, (a) Pierce County Critical Areas Atlas - Volcanic Hazard Areas Map; and
(b) Map Showing Debris Flows and Debris Avalanches at Mount Rainier,
Washington--Historical and Potential Future Inundation Areas,
Investigations Atlas HA-729, U.S. Dept. of Interior, Geologic Survey,
1995.
(3) Examples. Portions of the Puyallup, Carbon, White, and Nisqually River
valleys.
J. Public Access.
l. Access to the County's open space lands by the general public is required unless it is
determined that such public access would damage or endanger a sensitive resource,
or the Planning Commission determines that public access to a given site is
unreasonable, unsafe, or inappropriate due to unique circumstances.
2. Resource categories which are sensitive and may require limited or restricted access
include fish and wildlife habitat conservation areas, critical salmon habitat, streams,
wetlands, estuaries, tidal marshes, lakes, marine areas.
3. The Planning Commission shall determine whether public access is appropriate for
sensitive resource categories. If the Planning Commission determines that limited,
restricted or no access is warranted then bonus category points for public access will
be granted.
4. Public access is mandatory for those resource categories which either contain public
access requirements in the definition or eligibility criteria. These resource categories
will automatically be granted bonus category points for public access.
5. If public access points are requested for non-sensitive resource categories, or when
public access is mandatory as part of the eligibility criteria, a sign indicating public
access is available at the site shall be required. The open space land current use
assessment application material shall contain detailed information on signage size,
lettering, placement etc.
6. A property owner may request that general public access be limited to the hours
between sunrise and sunset or request that signage stipulate other provisions to
protect general health, safety and welfare such as but not limited to no guns, no
dogs, and no fires.
7. The County Council shall make the final determination on the appropriateness of
such requests, the appropriate method of informing the public, and so stipulate in an
agreement that runs with the land.
K. Bonus Category Criteria. The following bonus categories are not mandatory and are
at the option of the applicant unless specifically defined and listed in the eligibility
criteria for a priority resource category:
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1. Public Access. See Section 2.114.060 J. for public access requirements. Bonus
category points will be awarded for all open space applications that include
mandatory public access authorized by 2.114.060 J.
2. Conservation/Historic Preservation Easements.
a. A conservation easement is a restriction in perpetuity on the use of 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 uses, including, 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.
b. A conservation easement or restrictive covenant must be recorded against the
deed as a part of the final agreement with the land owner.
3. Designated Urban Lands.
a. Properties which are located within the Urban Growth Area (UGA) or
Comprehensive Urban Growth Area (CUGA) as designated by the Pierce County
~ Comprehensive Plan Generalized Proposed Land Use Plan.
~ b. Properties located within the municipal boundaries of an incorporated city or
town.
4. Provides Linkage of Open Space Parcels.
a. The subject property abuts another parcel which currently provides a high or
medium priority resource and when both are left undeveloped create a corridor.
b. The subject parcel must abut a parcel of land which is already in the current use
assessment program or is subject to a conservation easement or restrictive
covenant as such is defined above.
5. Super Bonus.
a. The subject property must accumulate five or more priority resource points to be
e(igible for this bonus; and
b. Public access is subject to the provisions set forth in Section 2.114.060 J. above;
and
c. A conservation easement or restrictive covenant must be recorded against the
deed as a part of the final agreement with the land owner.
L. Value Reduction and Open Space Land Current Use Assessment Valuation
Schedule.
1. Properties enrolled in the current use assessment program for open space land have
the assessed value of their land set at the "current use" value based upon the public
benefit rating system rather than the fair market value of "highest and best use" of
the land.
2. The current use assessment value will be expressed as a percentage of market value
based upon the public benefit of the property as determined by the total points
scored through the public benefit rating system. See Table 2.114-2, Tax Reduction
and Valuation Schedule, in Appendix "B".
3. Total point values are rounded-down on any point differential to determine percent
reduction, e.g. five points would equal a 20 percent reduction.
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4. Points calculated under this program shall be applied to the entire parcel described in
the application materials submitted for consideration; except any area which
contains improvements to the land, as determined by the Assessor, shall be excluded
from the calculated area and shall be subject to standard assessment practices of the
Assessor.
5. In the case of commercial recreational facilities, such as golf courses, ball fields, and
sports complexes, the current use classification would apply to the raw land only.
6. Property which does not have a tax parcel number assigned by the Assessor-
Treasurer, or for which any value is carried in adjoining properties which have
parcel numbers, shall not be granted open space classification and rating.
M. Public Hearing.
1. The Department shall set a date for a public hearing before the Pierce County
Planning Commission after all requests for additional information, if applicable,
have been satisfied.
2. The Department shall transmit a report to the Planning Commission in accordance
with Planning Commission Rules of Operation.
3. The Department shall publish notification of the public hearing date and time in the
official County newspaper and mail notification to the applicant, established land
use advisory commissions, and any other individual requesting notification at least
ten days prior to the scheduled hearing.
4. If public access bonus points are requested by the applicant, written notice shall be
mailed to the latest recorded real property owners, as shown by the records of the
Assessor, within at least 300 feet of the property boundaries of the site under
consideration. The notice shall be mailed at least ten days prior to the published
hearing date. In those instances where public access bonus points are requested for
the first time during the course of the hearing before the Planning Commission, then
said case shall be continued until written notice is given to real property owners
residing within at least 300 hundred feet of the property boundaries of the applicable
site under consideration. The notice shall be mailed at least ten days prior to the
continued hearing date.
5. An application may be amended or modified at the prescribed public hearing without
further legal notice, provided any such change or modification does not alter the
original boundary in such a manner as to include either additional or different land
nor propose a use substantially different from that set forth in the legal notice. When
changes or modifications which exceed the scope of the legal notice are proposed at
the public hearing, no action shall be taken until additional legal notice is provided.
N. Planning Commission's Authority.
1. The Planning Commission shall conduct all public hearings in accordance with
Chapter 2.78 PCC.
2. The Planning Commission shall review all requests for open space land current use
assessment, the Departmental report, any comments received, and applicable
County regulations or policies and may inspect the property prior to rendering a
recommendation fo the County Council.
3. The Planning Commission may recommend approval, approval in part, approval of
the application with conditions (e.g., signage), or denial of the application.
4. The Planning Commission shall forward their recommendation, along with
applicable staff reports and findings of fact, to the County Council for final action.
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0. Decision Criteria for Open Space Land Current Use Assessment Applications. In
determining whether an application for open space land current use assessment should
be approved or disapproved the Planning Commission and County Council may
consider:
1. The resulting revenue loss or tax shift;
2. Whether the application meets the criteria set forth in this Section;
3. Whether granting the application will preserve land previously classified under
RCW 8434.020(2) ar will preserve land with a potential for returning to commercial
agriculture;
4. The zoning of the parcel(s) of land at the time when the application for classification
is filed; '
5. The existence of any mining claim or mining lease on the land, and if so whether it
will seriously interfere with the considerations stated in subsection 0.2. above. If a
mining claim or mining lease is obtained after the land is classified, the same
determination must be made in deciding if serious interference will occur;
6. That public access, if applicable to the application, is reasonable, safe, and/or
appropriate to the subject property; and
7. Any other factors relevant in weighing benefits to the general welfare of preserving
the current use of the property.
P. Approval.
1. The County Council may approve all of the land or only part of the land identified in
the application for open space land current use assessment.
2. The County Council shall immediately notify the owner, Department, parties of
record, and Assessor of approval.
Q. Preparation, Signatures, and Recording of Agreement.
1. Within five calendar days after the effective date of Council's action, the Department
shall prepare and the County Executive shall sign three copies of an open space
agreement and forward the agreement to the applicant. The agreement shall be
delivered by certified mail, return receipt requested.
2. The applicant shall indicate acceptance by signing and returning two copies of the
agreement to the Department within 25 days after receipt thereof. If the two signed
copies of the agreement are not received by the Department within 30 days of
mailing to the applicant, the agreement shall be considered rejected and no further
action shall be taken. The Assessor, Council, and County Executive shall be notified
of the rejection and no further action shall be taken.
3. Within ten days of receipt of the applicant's signed copies of the open space
agreement, the Department shall obtain the signature of the County Executive and
shall submit notification of such approval to the Pierce County Auditor for recording
as provided for in the public recording of State tax liens on real property. No
agreement may be recorded without the signature of the County Executive and
payment of appropriate advertising fees to the County. Once recorded, the file shall
be forwarded to the Assessor's office.
R. Denial. The County Council may deny the application in whole or in part if the decision
criteria of this Section has not been met. The County Council shall immediately notify
the owner in writing of the basis for denial. If the County Council denies part of the
application the applicant may withdraw the entire application.
2.l 14 2]
Title 2 - Administration
2.114. 070
S. Time Period for Final Decision. The final decision for approval or disapproval of an
application for open space land current use assessment shall be no more than six months
from the date of a complete application.
T. Appeals. The County Council's final approval or denial, in whole or in part, of an open
space current use assessment application shall be appealable to a court of competent
jurisdiction pursuant to RCW 8434.037(5).
U. Notation. For all lands granted approval under the open space land current use
assessment program, the Assessor shall make a notation each year on the assessment list
and the tax roll of the assessed value of such land for the use classified in addition to the
assessed value of such land were it not classified.
(Ord. 2009-45s § 2(part), 2009; Ord. 2004-112s § 2(part), 2004; Ord. 98-1145 § 3(part), 1999)
2.114.070 Fees.
A. Filing Fees. Applications shall be accompanied by a processing fee of $600.00 for open
space land applications for property located within the urban growth area and timber
land applications (of which $315.00 shall be allocated to the Assessor's Office and
$285.00 shall be allocated to PALS), $250.00 for open space land applications for
property located within the rural area (of which $125.00 shall be allocated to the
Assessor's Office and $125.00 shall be allocated to PALS), and $250.00 for productive
farm and agricultural land applications (which shall be allocated to the Assessor's
Office).
B. Advertising Fees. The costs incurred by the County for advertising the final public
hearing for each open space land and timber land application shall be billed to the
applicant. Such costs shall be paid to the County prior to recording the agreement with
the Pierce County Auditor.
(Ord. 2006-116s2 § l, 2006; Ord. 2005-89 § 1(part), 2005; Ord. 2004-101 § 1, 2004; Ord.
98-114S § 3 (part), 1999)
2.114.080 Reclassification of Existing Open Space Land Current Use Assessment
Program Participants Upon Adoption of a Public Benefit Rating System.
A. Upon adoption of a public benefit rating system, the Department shall re-rate the
existing open space land current use assessment program participants according to the
public benefit rating system in determining whether an application should be approved
or disapproved. Re-rating of all existing program participants shall be performed in
; conjunction with the physical inspection cycle as funds become available or when the
property is sold, whichever comes first.
B. The process for re-rating existing open space land current use assessment program
participants under the public benefit rating system shall be conducted in accordance with
the provisions for processing a new application for open space land current use
assessment, except filing fees shall be waived.
C. Properties which do not qualify under the public benefit rating system and whose
owners choose not to be removed shall not be removed from the open space land current
use assessment program, but shall be rated according to the open space land current use
assessment valuation schedule.
D. Owners of properties classified under the existing open space land current use
assessment program shall be notified of their new assessed value in the same manner as
provided in RCW 84.40.045. These lands may be removed from classification under the
2.114 22
Title 2 - Administration
2.114.090
existing open space land current use assessment program without payment of penalties,
back taxes, and interest upon request of the owner, within 30 days of notification of
value under the public benefit rating system.
(Ord. 98-1145 § 3 (part), 1999)
2.114.090 Multiple Jurisdictions.
A. Incorporated Jurisdictions.
1. An owner of land who desires a current use classification for open space land or
timber land and whose land is in an incorporated area within Pierce County shall
apply with the Department.
2. The Department shall send copies of such application to the respective town or city
_ administrative authority within ten days of receipt.
' 3. Open space land current use assessment applications for properties located within
incorporated areas shall be subject to the public benefit rating system provisions
established in Section 2.114.060 of this Chapter.
4. A Joint Determining Authority established by RCW 84.34.037 shall have the
authority to grant applications for properties in incorporated areas.
B. Multiple Counties. If the land described in an application for classification under this
program is located in more than one county, the owner shall f le a separate application
with each granting authority.
(Ord. 99-96 § 1(part), 1999; Ord. 98-1145 § 3(part), 1999)
2.114.100 Requests for Compensating Tax Estimates.
When an owner of open space land, timber land, or productive farm and agicultural land
files a"Request far Withdrawal from Classification" or directs removal of classification, the
Assessor's office will supply the owner with the proper information pursuant to RCW 84.34, without charge. When an owner of open space land, timber land, or productive farm and
agricultural land requests estimated tax information prior to filing for withdrawal from
classification or prior to action requiring removal of classification, the request shall be made on a
form provided by the Assessor's Office and shall be accompanied by a$50.00 research fee, to be
paid by the applicant. (Ord. 98-1 ] 4S § 3(part), 1999)
2.114.110 Authority to Require Additional Information.
The Assessor may require owners of land classified under the current use assessment
program to submit pertinent data regarding the use of the land, productivity of typical crops, and
such similar information pertinent to continued classification and appraisal of the land. (Ord.
98-1145 § 3 (part), 1999)
2114.120 Withdrawal from Classification Under the Current Use Assessment Program.
Applications for withdrawal from classification under the current use assessment program
shall be conducted in accordance with RCW 84.34 and WAC 458.30. (Ord. 98-1 l4S § 3(part),
1999)
2.114.130 Change in Use.
When land which has been approved under the current use assessment program is applied to
some other use the provisions of Chapter 84.34 RCW and Chapter 458-30 WAC shall apply.
Any change of use or request to alter the points applied under the Public Benefit Rating System
2.l 14 23
Title 2 - Administration
2.114.140
set forth in Section 2.114.060 PCC which results in the need to re-review a parcel's status under
the current use assessment program will require the filing of a new application and payment of
the filing fee. (Ord. 98-1145 § 3(part), 1999)
2.114.140 Extensions and Payment of Additional Tax, Penalties, and Interest.
Extensions and payment of additional tax, penalties, and interest shall be conducted in
accordance with Chapter 84.34 RCW and Chapter 458-30 WAC. (Ord. 98-1145 § 3(part),
1999)
2.114.150 Removal of Classification Under the Current Use Assessment Program.
Removal of any ar all portions of land classified under the current use assessment program
shall be subject to the provisions in Chapter 84.34 RCW and Chapter 458-30 WAC. (Ord.
98-1145 § 3 (part), 1999)
2.114.160 Advisory Committee.
The Council shall appoint a 5-member Committee representing the active farming
community within Pierce County to serve in an advisory capacity to the Assessor in
implementing assessment guidelines as established by the Department of Revenue for the
assessment of open space lands, farms and agricultural lands, and timber lands classified
pursuant to Chapter 84.34 RCW. The Committee shall serve without payment for the periods
established by the Council which shall be consistent with any applicable State law and shall meet
with the Assessar for the purposes set forth herein. (Ord. 98-1 l4S § 3(part), 1999)
2114.170 Agreements May be Abrogated by the Legislature.
Agreements made pursuant to this Chapter are not considered to be a contract between the
owner and any other party and can be abrogated at any time by the County Council, in which
event no additional tax or penalty shall be imposed. (Ord. 99-96 § 1(part), 1999; Ord. 98-1145
§ 3 (part), 1999) 2.114 24
Title 2 - Administration
2.114.100 - Appendix 'A"
Appendix "A"
~Gate ories~~~~`~~~ a ~
_ . g. ~P~ont~S
:F~~. , ystem.,,.:
Priority High Prioritv 5 points each
Resource • Agricultural Lands
• Critical Salmon Habitat
• Fish and Wildlife Habitat Conservation Areas
• Marine Waters
• Prairies
• Streams
• Tracts that provide linkage and access to said open space
areas
• Wetlands, Estuaries, and Tidal-Marshes
• Wooded Areas
Medium Prioritv 3 points each
• Aquifer Recharge Areas
• Flood Hazard Areas
• Lakes
- • Private Open Space Passive Recreation
• Privately Owned and Operated Recreational Facilities
• Private Trails and Corridors
• Archaeological Sites
• Historic Landmark Sites
• Tracts that provide linkage and access to said open space
areas Low Prioritv 1 point each
• Landslide Hazard Areas (Steep Slopes)
• Private Parks and Private Golf Courses with Developed
Facilities
• Scenic View Points and Corridors
• Seismic Hazard Areas
• Tracts that provide linkage and access to said open space
areas
• Volcanic Hazard Areas
Bonus Public Access Granted 5 points
Conservation/Histaric Easement Granted in Perpetuity 10 points
(forever)
Site Within a Designated Urban Growth Area (UGA) or the 5 points
Comprehensive Urban Growth Area (CUGA)
Site is Adjacent to (abuts) or Creates Linkage With Another S points
Open Space Parcel
Super Properties with at least five priority resource points and 25 points
Bonus which allow a degree of public access appropriate to the
sensitivity of the resource(s) and which provide a qualifying
conservation or historic easement in perpetuity.
(Ord. 2009-45s § 2(part), 2009; Ord. 2004-112s § 2(part), 2004; Ord. 98-1l4S § 3(part), 1999)
2.114--25
Title 2 - Administration
2.114.100 - Appendix "B"
Appendix "B"
~A~L~VE REDUCTI01~1~AND~C~~ F~NT USE ASSESSMENT'
3~ ~~ALUA~TIOI~t SCHEDUI.E~TA`~BLE= ~ ~
True and Fair Percent Value Current Use Point
Market Value Reduction Assessment System
100% 0% 100% 0- 2 points
100% 20% 80% 3 points
100% 30% 70% 6 points
100% 40% 60% 9 points
100% 50% 50% 12 points
100% 60% 40% 15 points
100% 70% 30% 18 points
100% 80% 20% 20 points
100% 90% 10% 25 points or more
(Ord. 98-1145 § 3 (part), 1999)
,
, 2.114 26