Chapter 16.50
OPEN SPACE PROGRAM*
Sections:
16.50.010 Purpose.
16.50.020 Goals.
16.50.030 Authority.
16.50.040 Applicability.
16.50.050 Program review.
16.50.100 Definitions.
16.50.200 Designation categories and conditions.
16.50.210 Resource category – Natural and scenic resources.
16.50.220 Resource category – Water resources.
16.50.230 Resource category – Fragile resources.
16.50.240 Resource category – Lands abutting property of public value.
16.50.250 Resource categories – Compatible recreational use areas.
16.50.260 Historic sites.
16.50.270 Resource category – Open space within communities.
16.50.275 Public access category – Level of access.
16.50.280 Resource protection category.
16.50.300 Public benefit rating system.
16.50.310 Open space classification questionnaire.
16.50.320 Valuation criteria – Point score and public benefit rating.
16.50.330 Assessed valuation schedule.
16.50.340 Addition of property to existing open space agreement.
16.50.350 Noxious weeds.
16.50.400 Administration roles.
16.50.410 Board of County commissioners.
16.50.420 County assessor.
16.50.430 Open space advisory team.
16.50.440 Administrator.
16.50.450 Planning commission.
16.50.500 Application processing.
16.50.510 Submittal and fee.
16.50.520 Eligibility for review.
16.50.530 Application review.
16.50.540 Public notice.
16.50.550 Public hearing.
16.50.560 Board decision.
16.50.570 Procedures on approval.
16.50.580 Procedures on denial.
16.50.590 Processing time.
16.50.600 Open space taxation agreement.
16.50.610 Transfer of ownership.
16.50.620 Revision of conditions.
16.50.630 Increasing public benefit commitment.
16.50.700 Change in use/withdrawal.
16.50.800 Removal from classification.
* Prior legislation: Ords. 6-1996, 3-1991, 41-1990 and Res. 2-1988.
16.50.010 Purpose.
The purpose of the open space program is to encourage landowners to dedicate land containing valued resources/features to open space classification, and to:
A. Rate the public benefit of land so dedicated;
B. Provide for proportionate abatement of assessed value on land so dedicated; and
C. Regulate the use of land so dedicated. (Ord. 5-1998)
16.50.020 Goals.
The open space program intent is to preserve systems essential to the quality of life on the islands and to the enjoyment and nurture of current and future generations. The open space goals are as follows:
A. To conserve and enhance natural or scenic resources;
B. To protect streams or water supply;
C. To create and enhance recreational opportunities for public use and enjoyment;
D. To promote conservation of soils, wetlands, beaches or tidal marshes;
E. To enhance the value to the public of abutting or neighboring parks, forests, wildlife preserves, nature reservations or sanctuaries or other open space;
F. To reduce residential density;
G. To preserve historic sites;
H. To preserve visual quality along public roads, ferry corridors, and scenic vistas;
I. To retain in its natural state tracts of land not less than one acre situated in urban areas and open to public use on such conditions as may be reasonably required by the legislative body granting the open space classification; and
J. To preserve farm and agricultural conservation land. (Ord. 5-1998)
16.50.030 Authority.
San Juan County adopts the ordinance codified in this chapter under the authority of Chapter 84.34 RCW on Open Space Current Use Assessment. (Ord. 5-1998)
16.50.040 Applicability.
The open space program applies to all taxable properties within San Juan County. The provisions of the program shall prevail over any conflicting provision of other portions of the Comprehensive Plan, Shoreline Master Plan, and other currently existing subarea plans. (Ord. 5-1998)
16.50.050 Program review.
The open space program shall be reviewed at least once every three years by the planning commission, who will advise the board of County commissioners of their findings. (Ord. 5-1998)
16.50.100 Definitions.
The following definitions apply only to the open space program:
1. "Archaeological site" means a documented area of ancestral human use such as middens, burial grounds, earthworks, etc.
2. "Assessed valuation schedule" means the conversion of point scores to percentage of assessment abatement under the public benefit rating system.
3. "Critical habitat" means an area or type of environment that is of limited quantity, and is therefore of crucial importance to the perpetuation of the organism or biological population which normally lives or occurs there.
4. "Cultural area" means a site or item of symbolic significance to a cultural group, community, and/or society, such as a religious site, a national boundary marker, a legendary site, etc.
5. "Current use" means the use to which land is presently being put.
6. "Ecological balance" means the pattern of relations between organisms and their environment when left in their natural state.
7. "Endangered" means a species which is in danger of extinction throughout all or a significant portion of its range (classified by the State Department of Wildlife, WAC 232-12-014 and the Department of Natural Resources, State of Washington Natural Heritage Plan).
8. "Management conditions" are conditions the County may impose for developing, managing, and maintaining land classified as open space.
9. "Monitor species" means species of special interest at the state level because they have, for example, significant popular appeal, require limited habitat during some portion of their life cycle, are indicators of environmental quality, require further field investigations to determine population status, have unresolved taxonomic problems which may bear upon status classifications, or were justifiably removed from endangered, threatened, or sensitive classifications (Washington Department of Wildlife, Nongame Program definition).
10. "Noxious weed" means a plant that when established is highly destructive, competitive, or difficult to control by cultural or chemical practices.
11. "Noxious weed list" means a list of noxious weeds adopted by the State Noxious Weed Control Board. The list is divided into three classes:
a. Class A consists of those noxious weeds not native to the state that are of limited distribution or are unrecorded in a region of the state and that pose a serious threat to the state; and
b. Class B consists of those noxious weeds not native to the state that are of limited distribution or are unrecorded in a region of the state and that pose a serious threat to that region; and
c. Class C consists of any other noxious weeds.
12. "Passive recreation" means nonmotorized recreational uses such as hiking, biking or picnicking, with the exception of motorized wheelchairs or similar modes of transportation for mobility-impaired individuals.
13. "Public benefit" means for the good or the improvement of the general welfare of the community, in keeping with the goals set forth in SJCC 16.50.020.
14. "Public benefit rating" means the relative value to the public of resources/features existing on the land, as determined by the public benefit rating (a point value assignment) system.
15. "Public benefit rating system" means the process by which the relative value of resources/features on application lands are evaluated.
16. "Sanctuaries" are places of refuge for plants and animals.
17. "Sensitive species" are species that could become threatened if current water, land, and environmental practices continue (classified by the Department of Wildlife, Nongame Program, and the Department of Natural Resources, State of Washington Natural Heritage Plan).
18. "Threatened" means a species that is likely to become an endangered species within the foreseeable future (classified by the Department of Wildlife, Wildlife Policy No. 602, and the Department of Natural Resources, State of Washington Natural Heritage Plan).
19. "Unique habitat" means an area or type of environment supporting an organism or population that is rare, endemic, or limited within San Juan County.
20. "Valuation criteria" means the standards which will be applied during the review of resources/features to determine the point value assignment score.
21. "Wetlands" are lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. Wetlands must have one or more of the following three attributes: (a) at least periodically, the land supports predominantly hydrophytes; (b) the substrate is predominantly undrained hydric soil; and (c) the substrate is nonsoil and is saturated with water or covered by shallow water at some time during the growing season of each year (Cowardin et al., 1979). (Ord. 5-1998)
16.50.200 Designation categories and conditions.
The categories designated in this section describe the resources and/or features that may be considered in evaluating land eligibility for open space classification under the public benefit rating system. The categories define these resources/features and provide criteria for eligibility. The development restrictions and public access are recommendations for appropriate use on land having the particular resource/feature. These recommendations are to be considered in determining appropriate conditions to be placed on land classified as open space. When more than one resource/feature appears on the land, the discrete recommendations are to be reasonably weighed with appropriate overall use(s) in determining management conditions.
Most of the resources/features are weighted with a priority multiplier. The priority multiplier reflects the level of importance of a given resource/feature and is identified in brackets at the end of the criteria section in most of the resource/feature categories, i.e, [3]. The priority multiplier is used in conjunction with the resource point value to determine the total value of a resource/feature (see SJCC 16.50.320). Priority multipliers are not added to public access or resource protection categories. The point allocation for public access and resource protection is identified in the criteria section of the respective categories. The resources/features are divided into three broad categories: resources, resource protection, and public access. No more than 40 points shall be granted for the resource category, and no more than a total of 70 points shall be granted for any one application. The number of points awarded for the resource protection and public access categories are not restricted by a cap. A minimum of 30 total points is required to qualify for open space classification. (Ord. 5-1998)
16.50.210 Resource category – Natural and scenic resources.
A. Definition/Purpose. Conserves and enhances natural and scenic resources such as sanctuary lands providing habitat for flora and fauna, natural shorelines, and vistas.
B. Criteria.
1. "Natural" designations as described under SJCC 18.20.140, 18.30.010(D) and 18.50.070(D), [2]. Points shall be awarded as follows:
a. Three points where more than two-thirds of the shoreline, the uplands, or a combination thereof, is located within a natural designation.
b. Two points where one-third to two-thirds of the shoreline, the uplands, or a combination thereof, is located within a natural designation.
c. One point where a portion of the property totaling less than one-third of the shoreline, the uplands, or a combination thereof, is located within a natural designation.
2. Visual Quality of the Site. This category addresses the visual quality of the site as seen from roads and/or ferry routes. One-half point shall be awarded for each of the resources noted below that are visible from public arterial roads/ferry routes, public collector roads and waterways, and from public access roads. Those resources visible from public major or minor arterial roads or ferry routes shall be multiplied by three for a maximum of nine points; those resources visible from public collector roads shall be multiplied by two for a maximum of six points; and those resources visible from public access roads or waterways shall be multiplied by one for a maximum of three points. Road classifications shall be as noted in the Transportation Element of the SJC Comprehensive Plan:
Visible Resources X Visibility Multiplier
Pasture land (0.5 pts) 3 – Major or minor arterial
roads or ferry routes
Steep slopes (0.5 pts) 2 – Collector roads
Wetlands or 1 – Access roads or
shoreline (.5 pts) waterways
Forest lands (0.5 pts)
Compatible development
(barns or other agriculturally
related structures, or historical
structures which add to the
visual quality of the site; 0.5 pts)
No or minimal visible
development (except
compatible development; 0.5 pts)
3. Significant wildlife area that provides habitat for numerous species of flora and fauna [3]. Points shall be awarded as follows:
a. Three points where there is evidence of at least three undisturbed and separate habitats.
b. Two points where there is evidence of at least two undisturbed and separate habitats, or a variety of disturbed habitats.
c. One point where there is evidence of at least one habitat, or lower quality habitats.
C. Development Restrictions. No further development.
D. Public Access. Limited to those activities which will not threaten or destroy the resource/feature. (Ord. 14-2000 § 7(OO); Ord. 5-1998)
16.50.220 Resource category – Water resources.
A. Definition/Purpose. Protects functional watersheds, streams, stream corridors, aquifers, supporting wetlands, and other ground water recharge areas.
B. Criteria.
1. Lands within a priority watershed and aquifer recharge area are identified on the San Juan County Shoreline Master Program Designated Environments Map, or recognized in the San Juan County Watershed Ranking report, or identified in the Environmentally Sensitive Areas Overlay District, SJCC 18.30.140(A), [3]. Points shall be awarded as follows:
a. Three points where the entire property is within a priority watershed or an aquifer recharge area.
b. Two points where two-thirds or more of the property is within a priority watershed or an aquifer recharge area.
c. One point where one-third or more of the property is within a priority watershed or an aquifer recharge area.
2. Fresh water such as wetlands, lakes, and/or streams/stream corridors, as determined by San Juan County wetland maps, a qualified wetland specialist, and/or DNR stream types [3]. Points shall be awarded as follows:
a. Three points where a category I wetland is located on the property.
b. Two points where a category II wetland and/or a type III or IV stream is located on the property.
c. One point where a category III or IV wetland and/or a type V stream are located on the property.
3. Salt water such as tidal marshes and estuaries [3]. Points shall be awarded as follows:
a. Three points where a wide variety of salt water resources exist, such as salt water marshes, tide pools, estuaries, coves, and beaches.
b. Two points where the variety and size of resources are limited but the quality is high.
c. One point where the resources are uniform and without unique features.
C. Development Restrictions. No subdivision, no additional construction.
D. Public Access. Limited to those activities which will not threaten or destroy the resource/feature. (Ord. 14-2000 § 7(PP); Ord. 5-1998)
16.50.230 Resource category – Fragile resources.
A. Definition/Purpose. Resources which are fragile and therefore more susceptible to degradation/loss. These include unique or critical wildlife and native plant habitat (species and their habitat that are classified "endangered", "threatened", "sensitive" or "monitor"), delicate geological features such as feeder bluffs and accretion shoreforms; and other fragile and unique areas crucial to the ecological balance of the island environments.
B. Criteria.
1. Special animal sites (designated by State Department of Natural Resources Natural Heritage Program as having state significance, designated sites of "endangered," "threatened," "sensitive" or otherwise "listed" species under the State Department of Wildlife Nongame Program (WAC 232-12-011 and 232-12-014), other species that may be locally rare or otherwise deemed of importance to San Juan County, or determined to be eligible for the above programs by a qualified professional and substantiated by the affected agency) [3]. Three points shall be granted where it is documented that a special animal inhabits the property.
2. Special plant sites (designated by State Department of Natural Resources Natural Heritage Program as having state significance, other species that may be locally rare or otherwise deemed of importance to San Juan County, or determined to be eligible for the above programs by a qualified professional and substantiated by the affected agency) [3]. Three points shall be granted where it is documented that a special plant exists upon the property.
3. Hazard prone sites are identified by the Coastal Zone Atlas of Washington, FEMA Flood Hazard Boundary Maps, state or County databases, or by a qualified professional) [1]. Three points shall be granted where it is documented that the entire property is within a hazard prone site and will remain unimproved while classified open space. To obtain points in this category, the entire property must be located in a hazard prone site.
4. Geological/geomorphological features such as fossils, waterfalls, unique works of glaciation, or accretion shoreforms such as spits, points, and barrier berms (documented by Washington Interagency Committee for Outdoor Recreation, inventory by state or local databases, San Juan County, or by a qualified professional) [2]. Points shall be awarded as follows:
a. Three points where the property contains a minimum of three geological features, or a single unusual or unique geological feature, or is a significant part of a prominent geomorphical feature or landmark.
b. Two points where the property contains at least two geological features, or encompasses a lesser portion of a prominent geomorphical feature.
c. One point where the property contains one geological feature or is a small part of a prominent geomorphical feature.
C. Development Restrictions. No development in sensitive ecosystems, or near endangered/threatened species habitat. Otherwise, residential development in species habitat subject to limitations imposed by state and federal guidelines/recommendations. Residential development limited to one residence. Commercial development prohibited.
D. Public Access. Limited to educational opportunities and wildlife study in areas sensitive to human disturbance. Less sensitive areas, such as accretion beaches, etc. may be open to public recreational use as deemed appropriate for the resource. (Ord. 5-1998)
16.50.240 Resource category – Lands abutting property of public value.
A. Definition/Purpose. Enhances the value to the public of abutting or neighboring parks, forests, wildlife preserves, natural reservations or sanctuaries, or other open space.
B. Criteria. Lands adjacent to federal, state, or other publicly owned properties, and/or lands held in trust for the public benefit by a duly authorized organization such as a land preservation trust. Points shall be based on the extent to which the property proposed for open space classification would enhance the adjacent property in regard to public access, size, and resource values. Points shall be awarded as follows (maximum of six points possible):
High Medium Low None
Category (2 pts) (1.5 pts) (1 pt) (0)
Public Access
Size of Property
Variety and Quality
of Resources
C. Development Restrictions. No subdivision and no commercial development. Residential development limited to one residence.
D. Public Access. Limited or general access. (Ord. 5-1998)
16.50.250 Resource categories – Compatible recreational use areas.
A. Definition/Purpose. Enhances recreational opportunities by opening access to beaches, rural open spaces, and other areas for compatible recreational uses.
B. Criteria. Provides opportunities for passive and recreational enjoyment compatible with the resource, such as hiking, biking, boating, fishing, picnicking, and nature study. To receive points in the category, applicants must allow public access and, if group access is proposed, must designate groups that have a high likelihood of using the recreational values of the property (typically, other than research and education groups). Points shall be awarded as follows (maximum of nine points possible):
High Medium Low None
Category (3 pts) (2 pts) (1 pt) (0)
Public Access (Unlimited) (With (Group)
Notification)
Variety of
Activities
Variety and
Quality of
Resources
C. Development Restrictions. No subdivision or further development of the land. Construction limited to facilities desirable for passive recreational needs, as determined at the time of land classification.
D. Public Access. General public access available. (Ord. 5-1998)
16.50.260 Historic sites.
A. Definition/Purpose. Archaeological sites, cultural areas, historic farms, historic buildings, and improvements of local historic/cultural significance.
B. Criteria.
1. Archaeological sites (documented by the Washington State Office of Archaeology and Historic Preservation or San Juan County, or identified by a qualified professional and substantiated by the affected agency) [3]. Points shall be awarded as follows:
a. Three points where the property contains one or more significant archaeological resources recognized by the State Archaeologist or a qualified professional.
b. Two points where the property contains less important archaeological resources recognized by the State Archaeologist or a qualified professional.
c. One point where the property contains midden material or other features of archaeological interest.
2. Historical sites include buildings, property, informative markers, interpretive trails, and/or literature. Historical buildings and properties must be documented and recognized by federal, state, or local registers or historical societies. Interpretive information or trails must provide information about a documented historical site, building, or event [3]. Points shall be awarded as follows:
a. Three points where the property encompasses all or most of a significant historical site or historical structures registered by the federal or state governments; structures must be well preserved and in excellent condition. Points may also be awarded for well-placed informative and compatible historical markers, including educational materials such as interpretive trails, literature, or markers available on site.
b. Two points where the property contains less significant historical sites or structures registered by the federal or state governments, or recognized by a local historical society; structures must be in good condition. Points may also be awarded for historical markers and interpretive information which is less detailed than noted above.
c. One point where the property contains a historical site or structures of minor historical significance, and is recognized by a local historical society, or where a historical marker is located on the site.
3. Historical Farms. Includes land that was previously classified as Farm and Agricultural land but no longer meets the criteria for Farm and Agricultural land, or land that is traditional farmland that is not classified as Farm and Agricultural land under Chapters 84.33 or 84.34 RCW, that has not been irrevocably devoted to a use inconsistent with agricultural uses, and that has a high potential for returning to commercial agriculture. Applicants shall demonstrate that the above-mentioned criteria are met and shall provide a farm management plan addressing how the farmland will be maintained while in open space [3]. Variations within the high, medium, and low ratings shall depend on the quality of the farmland. Points shall be awarded as follows:
a. Three points where the farmland is larger than 25 acres.
b. Two points where the farmland is between six to 25 acres.
c. One point where the farmland is between one to five acres.
C. Development Restrictions. Development restricted as necessary to preserve the integrity of the archaeological, historic, cultural and historic farm resource.
D. Public Access. General access available when such access will not endanger the feature being preserved. (Ord. 5-1998)
16.50.270 Resource category – Open space within communities.
A. Definition/Purpose. Retain in its natural state tracts of land not less than one acre situated in an urban area and open to public use.
B. Criteria. Within an "Urban" designation or similar classification in a subarea plan [1]. Three points shall be granted for any parcel that meets this criteria.
C. Development Restrictions. As appropriate for resource.
D. Public Access. General access available. (Ord. 5-1998)
16.50.275 Public access category – Level of access.
A. Definition/Purpose. Provide public access to land classified as open space.
B. Criteria. A minimum of 20 resource points is required to qualify for public access points. The level of public access allowed by the landowner and appropriate for the resources. Points awarded for public access shall vary within each category according to the ease of physical access. Properties which are easily accessible shall be awarded the highest points.
1. No access (0).
2. Group access (limited to appropriate use groups; permission from landowner required. The County shall notify the appropriate use groups that access to the property is available; a minimum of five San Juan County based groups is required, of which San Juan County public and private schools must be one of the groups). Points will be based on a sliding scale from one to 10 according to how accessible the property is, the types of groups that are being granted public access (number of members, proximity of the group to the site, is the group specialized or general interest), the type of restrictions proposed (severity of the restrictions and effect on the accessibility of the property), and the variety of resources:
High Medium Low None
Category (2.5 pts) (1.5 pts) (1 pt) (0)
Accessibility
Type of Groups
Restrictions
Resource Variety
3. Access with notification to landowner (access cannot be denied if the request is compatible with the open space agreement and would not endanger open space resources). Points will be based on a sliding scale from 11 to 20 according to how accessible the property is, the types of restrictions proposed (severity of the restrictions and effect on the accessibility of the property), and the variety of resources:
High Medium Low None
Category (6.66 pts) (5.66 pts) (4.66 pts) (0)
Accessibility
Restrictions
Resource Variety
4. Unlimited access (no permission required from the landowner). Use of the property shall be limited to passive recreation which is compatible with the open space agreement). Points will be based on a sliding scale from 21 to 30 according to how accessible the property is, the type of restrictions proposed (severity of the restrictions and effect on the accessibility of the property), and the variety of resources:
High Medium Low None
Category (10 pts) (9 pts) (8 pts) (0)
Accessibility
Restrictions
Resource Variety
C. The permit center shall publish a booklet identifying open space parcels with unlimited access and access with notification and describing how to locate the parcels. The booklet shall be available to the general public. The applicant may be required to provide property and vicinity maps for the booklet. (Ord. 5-1998)
16.50.280 Resource protection category.
A. Definition/Purpose. Maintain the integrity of open space resources by encouraging landowners to classify large tracts of land as open space, by protecting resources in perpetuity with a conservation easement or other appropriate instrument, and by reducing the density associated with the parcel.
B. Criteria.
1. Conservation Easement Bonus. Provide a conservation easement or other appropriate instrument which protects open space resources in perpetuity. The conservation easement or other appropriate instrument should limit development to the less sensitive areas of the site and restrict development and other activities which would impact the open space resources. Points given for resource categories protected by a conservation easement or other appropriate instrument shall be increased by 20 percent of the total points calculated for resources.
2. Density Reduction. Points shall be awarded for density units reduced in perpetuity by a conservation easement or other appropriate instrument as follows:
Number of Points
Units Reduced Awarded
a. 1 – 2 units = 3
b. 3 – 4 units = 6
c. 5 – 7 units = 9
d. 8 – 10 units = 12
e. 11+ units = 15
3. Parcel Size. Points shall be awarded for parcel size as follows:
Parcel Size Points Awarded
a. 0 – 5 ac .5
b. > 5 – 19 ac 1
c. > 19 – 49 ac 2
d. > 49 – 99 ac 3
e. > 99+ ac 4
(Ord. 5-1998)
16.50.300 Public benefit rating system.
All new applications and existing open space properties will be reviewed and rated under the public benefit rating system (PBRS) as provided in RCW 84.34.055. The PBRS is a process by which the relative value of a specific property’s resources/ features are evaluated, and an assessment abatement is applied in direct proportion to the public benefit received. (Ord. 5-1998)
16.50.310 Open space classification questionnaire.
An "open space classification questionnaire" shall be used for application to the open space program and subsequent evaluation under the PBRS. On the questionnaire the applicant shall indicate the resources/features present on the land, and provide all accompanying materials and documentation requested. When completed the questionnaire is used in conjunction with a site inspection, resource verification documents, and professional expertise to evaluate the property under established valuation criteria and point scoring system. (Ord. 5-1998)
16.50.320 Valuation criteria – Point score and public benefit rating.
A. The open space advisory team shall conduct a site inspection of properties proposed for open space classification, identify resource features as per SJCC 16.50.200, and rate the resources based on their value and/or condition. Point values are awarded either on a varying scale from zero (no value) to three (high value), or on an all or nothing basis (zero or three). Each of the resource features are weighted (priority multiplier) according to their importance to the public, and multiplied by the point value to determine the value of a resource. The sum total of the resource values plus any additional points for public access, parcel size, or commitment, equals the public benefit rating points:
resource + resource + public access
points protection points
= Public Benefit Rating Points
A minimum of 30 points is necessary to qualify for open space classification. No more than 40 points shall be granted for the total of the resource points, and no more than a total of 70 points shall be granted for any one application.
B. Applicants shall identify the location and area, in square feet, of all existing and proposed improvements. This shall include all areas of the site which are not a part of the natural environment, such as structures, pools, tennis courts, decks, paved areas, gardens and lawns. The open space agreement shall limit improvements to those originally identified by the applicant. Any improvements not contemplated at the time of application and requested at a later date shall be reviewed by the administrator for compliance with the open space agreement (refer to SJCC 16.50.570). Improvements and the land beneath and surrounding the improvements shall be assessed at fair market value.
C. The board of County commissioners shall not approve any application for open space classification when, at the time of application, the landowner has failed to satisfy any judgment the County has obtained against the landowner, or where there is a violation of any state law or County ordinance on the property. (Ord. 5-1998)
16.50.330 Assessed valuation schedule.
The valuation criteria and point scoring shall be used to determine the land’s public benefit rating percentage under the assessed valuation schedule. Public benefit rating points shall be converted to public benefit rating percentage at a 1:1 ratio. The public benefit rating percentage shall be applied by the assessor to land accepted into the open space program for reduction in the assessed value as follows:
Vcu = (100% – PBR%) x Vfm
Vcu = current use (as open space)
Vfm = fair market value
PBR = public benefit rating percentage
(Ord. 5-1998)
16.50.340 Addition of property to existing open space agreement.
Additions of parcels to properties currently in open space shall be rated separately from the parent parcel and granted points only for those resources actually on the property proposed to be put into open space. (Ord. 5-1998)
16.50.350 Noxious weeds.
No application for open space shall be approved until all Class A and Class B designated noxious weeds on the site are removed or a noxious weed abatement plan is approved by the County noxious weed coordinator. (Ord. 5-1998)
16.50.400 Administration roles.
The purpose of this section and SJCC 16.50.410 through 16.50.450 is to clarify responsibilities under the open space program and to ensure that all persons affected by the program are treated in a fair and equitable manner. (Ord. 5-1998)
16.50.410 Board of County commissioners.
The board of County commissioners shall have the authority to:
A. Establish and amend the open space program, public benefit rating system and assessed valuations schedule;
B. Appoint the citizen members of the open space advisory team;
C. Set the application fee (following provisions in RCW 84.34.030); and
D. Approve or deny each open space application, establishing the land’s public benefit rating, and attaching terms and/or management conditions as appropriate. (Ord. 5-1998)
16.50.420 County assessor.
The County assessor shall implement open space current use assessment on classified lands and shall monitor in conjunction with the administrator whether compliance with the open space taxation agreement has been met. He/she shall:
A. Submit notice of application approval and the signed open space taxation agreement to the County auditor for recording within 10 days of the board’s action;
B. File notice of current use land value with the County treasurer, who shall record such notice;
C. Adjust the land’s assessment to current use value and maintain the appropriate current use assessment;
D. Monitor classified open space land for compliance with open space taxation agreements by observing land status during normal re-evaluation cycles;
E. Inform the administrator of changes in open space lands that may or would require administrative or legislative action;
F. Remove land from open space classification as provided under Chapter 84.34 RCW and this chapter;
G. Impose payment of additional taxes, penalties, and interest when necessary, as provided under Chapter 84.34 RCW and this chapter; and
H. Develop the "assessed valuation schedule," which converts point scores to percentage of assessment abatement, for the public benefit rating system. (Ord. 5-1998)
16.50.430 Open space advisory team.
A five member open space advisory team shall be established, consisting of a balanced interest mix of local citizens appointed by the board of County commissioners. Members shall be appointed to a five-year reinstatable term, with one member’s term ending each year. In the selection of the citizen members, preferably, they should have some professional expertise in fields relative to open space such as environmental planning, hydrology, archaeology, biology, geology, etc. However, interested citizens without professional expertise in such fields are not excluded from consideration. The purpose of the advisory team is to provide an objective and diversified review and evaluation of the resources/features under consideration. Understanding this, the advisory team shall perform the following functions:
A. Develop and recommend to the planning commission and board of County commissioners, with the professional assistance of the administrator, "valuation criteria" for open space resource/ feature scoring under the public benefit rating system;
B. Conduct site inspections (following adequate notification of the applicant), review application materials and resource documents, and obtain professional expertise as needed to evaluate the land’s relevant benefits to the general welfare;
C. Apply the valuation criteria to review and evaluate the land’s resources/features and assess all relative benefits associated with classification of the land and obtain a total public benefit rating system point score;
D. Summarize their findings regarding the land’s eligibility, public benefit rating, and appropriate conditions of approval for inclusion in the staff report to the planning commission and board of County commissioners; and
E. Advise the planning commission and board of County commissioners, as needed, on matters pertaining to the open space program and public benefit rating system process. (Ord. 5-1998)
16.50.440 Administrator.
The County permit center director, or his/her appointee, shall be the administrator for the open space program and shall be vested with the responsibility of processing applications for open space classification. The duties of the administrator shall be to:
A. Provide preapplication advice on property eligibility;
B. Receive and compile all necessary materials for application review;
C. Arrange necessary on-site inspections by the open space advisory team;
D. Facilitate the open space advisory team’s review of the application under the public benefit rating system;
E. Provide professional advice to the open space advisory team, planning commission, and board of County commissioners as needed;
F. Draft staff reports on the application and forward them in a timely manner to the applicant, and planning commission and/or board members;
G. Advertise public hearings;
H. Attend and present the staff report at public hearings before the planning commission and board of County commissioners;
I. Complete follow up notifications of either denial or open space taxation agreement forms, as appropriate, on decisions of the granting body;
J. Develop means to monitor compliance and notify the County assessor when noncompliance with conditions of open space taxation agreements is identified;
K. Advise and confer with the County assessor, open space advisory team, planning commission, and board of County commissioners on matters pertaining to general administration of the program and application processing;
L. Monitor the functioning of the open space program and provide written recommendations to the planning commission and board of County commissioners as needed; and
M. Compile, review, and provide a map of open space properties, shade the different designations, provide copies to the public, and update information annually. (Ord. 5-1998)
16.50.450 Planning commission.
The planning commission’s duties shall be to:
A. Review the open space program at least once every three years, making written recommendation to the board of County commissioners on the following matters:
1. The functioning of the process itself, including such issues as administration, application processing, enforcement, etc.; and
2. The workability of the implementation elements of the public benefit rating system including application questionnaire, resource/feature valuation criteria, point value assignment system, etc.
B. Conduct public hearings on specific applications and make written recommendation to the granting body regarding application approval or denial, with terms and/or conditions as appropriate, and determined public benefit rating. (Ord. 5-1998)
16.50.500 Application processing.
New applications for open space classification shall follow processing procedures outlined in this section and SJCC 16.50.510 through 16.50.590 and shall be acted upon in the same manner in which an amendment to the Comprehensive Plan is processed. (Ord. 5-1998)
16.50.510 Submittal and fee.
A. Any property owner may complete and submit an application for open space land classification of his/her property. An application consists of the following materials:
1. Application form (supplied by the permit center);
2. Open space questionnaire (supplied by the permit center);
3. Filing fee, payable to the County permit center at the time of filing the application. The fee is not refundable;
4. Certification of a nondelinquent property tax account, issued by the San Juan County treasurer;
5. Supporting documentation. Attach a sketch map of the parcel(s). The sketch map shall be to scale and shall accurately identify the area, in square feet, of all existing and proposed improvements. This shall include all areas of the site which are not a part of the natural environment, such as structures, pools, tennis courts, decks, paved areas, gardens and lawns. Attach a copy of the assessor’s map showing the parcel(s). Attach any other maps, photographs, or information that helps substantiate the existence of resources on the property;
6. Legal description. After lands have been approved for classification by the board of County commissioners, the applicant shall provide a legal description of the subject property; and
7. No person may apply to have classified as open space land, land that has previously been denied such classification until one year has elapsed from the date the initial application was received.
B. Application must be made during the calendar year preceding that in which classification as open space is to begin (RCW 84.34.030). Prior to applying, property owners expressing interest in open space classification would be advised to obtain a preapplication review at the permit center. (Ord. 5-1998)
16.50.520 Eligibility for review.
The administrator, or his/her appointee, shall review the application materials for completeness, and shall determine whether the land meets the requirements of the open space program. Land which qualifies for further review must contain one or more of the resources/features identified in the program. The administrator shall advise the applicant that if the land does not meet the minimum requirements, the application and fee will be returned unless the applicant submits further documentation demonstrating eligibility or requests continued processing of the application. (Ord. 5-1998)
16.50.530 Application review.
The open space advisory team shall conduct a site inspection of land determined to be eligible for review and may consult with appropriate professionals for assistance in evaluating the land’s resources/features. Should additional research become necessary to substantiate the existence or condition of resources/features on the land, the applicant shall be notified of this need and shall be responsible for its obtainment. Following review of the application and supporting documentation, site inspection, and any necessary professional consultation, the team shall summarize their findings regarding the land’s eligibility for classification, its public benefit rating, and appropriate terms or conditions of approval for inclusion in the staff report prepared by the permit center. (Ord. 5-1998)
16.50.540 Public notice.
At the expense of the applicant, the permit center shall cause to be published a legal notice stating by whom and when the application was submitted, the subject of the request, the time, date and place at which the request will be heard by the planning commission, and advising all interested persons that timely comments on the proposal will be accepted. The notice of public hearing shall be published one time in a newspaper of general circulation within San Juan County at least 10 days prior to the scheduled public hearing on the application. (Ord. 5-1998)
16.50.550 Public hearing.
The planning commission and applicant shall receive the staff report 10 days prior to the hearing date. At the hearing, public comment on the land’s suitability for open space classification will be taken. Subsequently, the planning commission shall, in their statement of findings and decisions, recommend to the board of County commissioners approval (with determined public benefit rating, and with or without terms and/or management conditions attached) or denial of the application. (Ord. 5-1998)
16.50.560 Board decision.
The board of County commissioners shall consider the planning commission’s recommendation under RCW 36.70.400 and as required by RCW 84.34.037, and may conduct additional public hearings if necessary. Applications for classification of land in an incorporated area shall be acted upon by a determining authority composed of the three members of the board of County commissioners and three members of the city legislative body in which the land is located. They shall approve the application, with or without terms and/or conditions, and set the public benefit rating for assessment abatement, or deny the application. In so doing the following provisions will apply:
A. They shall rate the land applying for classification according to the public benefit rating system;
B. They may approve the application with respect to only part of the land which is the subject of the application;
C. If any part of the application is denied or conditions attached the applicant may withdraw the entire application;
D. In approving any part or all of an application for classification of land, it may also be required that certain conditions be met, including but not limited to the granting of easements, and opening of land to public access; and
E. Denial of an application for classification of land to open space by the board may be appealed to the superior court (WAC 458-30-250). (Ord. 5-1998)
16.50.570 Procedures on approval.
A. Within five calendar days of the board of County commissioner’s decision approving an application the administrator shall send the applicant an "open space taxation agreement" defining the terms and conditions for approval of the classification. The agreement shall be sent by certified mail, return receipt requested.
B. The applicant, and all persons having a fee interest in the land, including, for community property, husband and wife, must sign the agreement. The applicant shall return the signed agreement to the permit center within 30 days of the date the permit center mailed it to the applicant or the agreement shall be deemed rejected.
C. Upon receipt of the "signed" open space taxation agreement form, the administrator shall within 10 days obtain the board of County commissioners’ signature and file notice of the approval with the County assessor (RCW 84.34.050(2)). The agreement shall become effective commencing upon the date the administrator receives the signed agreement from the property owner.
D. The assessor shall note the land’s open space assessed value on the tax roll. He/she shall submit notification of open space status to the County auditor for recording within 10 days of notification from the administrator (RCW 84.34.050(3)). The assessor shall also file notice of classification with the County treasurer (RCW 84.34.050(4)) and send a reassessment notice to the landowner.
E. The agreement shall apply to the parcel(s) of land described in the agreement and the conditions and requirements shall be binding upon the heirs, successors, and assignees of the parties thereto. (Ord. 5-1998)
16.50.580 Procedures on denial.
The administrator shall within 10 days of the board’s action send written notice to the applicant explaining reasons for the denial. (Ord. 5-1998)
16.50.590 Processing time.
The board of County commissioners must act on an open space application no later than six months from the date the complete application is received by the permit center. "Complete" applications must be received no later than December 31st of any year to receive a review and classification decision within the following year. (Ord. 5-1998)
16.50.600 Open space taxation agreement.
A. Lands receiving open space classification may be developed only under the terms and conditions contained in the open space taxation agreement.
B. Landholders shall abide by all terms and conditions of open space status that have been defined in the open space taxation agreement.
C. Failure to comply with the open space taxation agreement will cause the land to be removed from open space classification in accordance with RCW 84.34.080 and 84.34.108, and will result in imposition of all taxes, penalties, interest and other sanctions authorized by law. (Ord. 5-1998)
16.50.610 Transfer of ownership.
Open space land transferred to a new owner will be removed from open space classification if the County assessor does not, prior to sale or transfer, receive from the new owner a notice of continuance with the open space taxation agreement as provided in RCW 84.34.108 and WAC 458-30-275. The assessor shall consult with the administrator prior to acting on the notice of continuance in order to determine if the transfer would comply with the open space agreement. (Ord. 5-1998)
16.50.620 Revision of conditions.
A landowner or the County may request to have the conditions on lands classified as open space revised. Such a request shall be made to the board of County commissioners. A notice of public hearing shall be published one time in a local newspaper at the expense of the requesting party 10 days prior to the board’s review. The board may approve a request for revised conditions if it determines that the proposed changes do not alter the purpose for which the classification was granted. (Ord. 5-1998)
16.50.630 Increasing public benefit commitment.
A landowner may at any time ask to increase, but not decrease, the classified land’s public benefit and/or commitment conditions, in which case the application will be reviewed and additional assessment benefits assigned if appropriate. When a landowner seeks to increase public benefit, the administrator shall request submittal of an additional open space classification questionnaire containing only the proposed public benefit additions and all supporting documentation, with descriptive text as needed, to explain the proposed change. Additional application fees will be charged and application processing will proceed in the same manner as outlined for new applications for classification, but shall be subject to the following stipulations:
A. The proposed change(s) must be complementary to the original classification.
B. "Complementary to the original classification" means all of the following:
1. All designated resources/features will remain so designated; and
2. The approval of proposed changes will cause no significant change in the protection of the resources/features on the land classified in open space.
C. Proposed changes that do not comply with the above "complementary" conditions shall not be eligible for consideration as an increase in public benefit commitment. (Ord. 5-1998)
16.50.700 Change in use/withdrawal.
A. Change in Use. The owner of land classified as open space shall notify the County assessor, within 60 days, of any change in use of classified land. Change in use shall result in imposition of all taxes, penalties, interest, and other sanctions authorized by law (RCW 84.34.080).
B. Withdrawal. Once land has been classified as open space land the owner may withdraw all or a part of it from classification only in accordance with RCW 84.37.070. Withdrawal from classification will result in the imposition of all taxes, penalties, interest, and other sanctions authorized by law. (Ord. 5-1998)
16.50.800 Removal from classification.
A. The County assessor shall remove land classified as open space in accordance with RCW 84.34.108. The owner of land removed from open space classification shall be subject to imposition of all taxes, penalties, interest, and other sanctions authorized by law.
B. When, because of withdrawal by the owner, transfer to a new owner who does not accept compliance with the open space taxation agreement, or change of use, land is removed from open space classification, the assessor shall determine the difference between the property tax paid as open space land and the amount of property tax otherwise due and payable for the seven years last past had the land not been classified; plus, impose interest and a 20 percent penalty on the additional tax, as required by RCW 84.34.080 and 84.34.108.
C. When only part of a parcel classified in open space is removed from classification, the remainder of the parcel will be removed from open space classification unless it satisfies the requirements for original classification (WAC 458-30-285). This determination will be made by the administrator in a review of the public benefit rating. The remaining portion shall be reviewed and evaluated under the same procedures as for new applications.
D. The seller, transferor, or new owner may appeal the new assessed valuation to the County board of equalization (RCW 84.34.108). (Ord. 5-1998)