HomeMy WebLinkAboutres1987-0031
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INTRODUCED BY: Muensche
PROPOSED BY: Planning
DATE: January
RESOLUTION N0. 87 -3
r
8. 1987
A RESOLUTION ADOPTING A PUBLIC BENEFIT RATING SYSTEM FOR THE
PURPOSE OF DETERMINING ELIGIBILITY FOR CURRENT USE TAXATION
STATUS FOR OPEN SPACE -OPEN SPACE AND OPEN SPACE- TIMBER
APPLICATIONS AND FOR DETERMINING THE AMOUNT OF TAX RELIEF
GRANTED SUCCESSFUL APPLICATIONS FOR OPEN SPACE -OPEN SPACE AND
IN THE MATTER OF ADOPTING POLICIES CONCERNING PUBLIC ACCESS TO
OPEN SPACE LANDS; THE POSTING OF OPEN SPACE SIGNS; OPEN SPACE
HOLD HARMLESS AGREEMENTS; TIMBER MANAGEMENT PLANS; AND USE OF
THE PUBLIC BENEFIT RATING SYSTEM TO EVALUATE EXISTING OPEN SPACE
LANDS FOR THE PURPOSE OF DETERMINING A NEW CURRENT USE ASSESSED
VALUE.
WHEREAS, in 1970, the Washington State Legislature adopted RCW 84.34,
permitting property owners to apply for open space current use property taxation
status; and
WHEREAS, in 1977, the Whatcom County Commissioners adopted the criteria and
policies currently being used for approval or denial of Open Space -Open Space
and Open Space- Timber applications pursuant to the provisions of RCW 84.34; and
WHEREAS, in 1985, RCW 84.34 was amended to permit counties to establish open
space priorities and to adopt a Public Benefit Rating System for determining
eligibility for Open Space current use taxation status and for determining the
amount of tax relief to be granted successful applications for Open Space -Open
Space; and
WHEREAS, RCW 84.34.037 permits the county legislative body to require that
certain conditions be met in approving an application for open space current use
status; and
WHEREAS, RCW 84.34.037 permits counties to rate existing open space
properties using the public benefit rating system; and
WHEREAS, RCW 84.34.055(3) permits the.assessor.,to notify owners of open space
lands of their new assessed value under the public benefit rating system;
and
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WHEREAS, the Planning Commission has established open space priorities and
has recommended adoption of the Public Benefit Rating System attached hereto as
Exhibit "l "; and
WHEREAS, the Planning Commission has recommended the adoption of certain
policies requiring public access to open space lands; the posting of open space
signs; open space hold harmless agreements; and timber management plans as
conditions of open space approval. Said policies are attached hereto as
Exhibits "2 ", "311, "4 ", and "5" respectively; and
WHEREAS, the Planning Commission further recommends that the public benefit
rating system be used to evaluate existing open space lands for the purpose of
determining the new current use assessed value; and
WHEREAS, legal notice was published in the Bellingham Herald on Sunday,
October 12, 1986 and the proposed open space policies and public benefit rating
system are categorically exempt from SEPA requirements; and
WHEREAS, pursuant to RCW 84.34.055, a public hearing was held on Tuesday,
October 21, 1986 to consider adoption of said Public Benefit Rating System; and
a work session was held on October 21, 1986; and the hearing was continued to
December 11, 1986; and continued again to December 16, 1986.
NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council as follows:
1. That Whatcom County shall adopt a public benefit rating system attached
hereto as Exhibit "1" pursuant to RCW 84.34.055; and
2. That Whatcom County shall adopt the open space public access policy;
open space sign policy; the open space hold harmless agreement policy;
and the open space timber management plan policy attached hereto as
Exhibits "2 ", "3 ", "4 ", and "5" respectively; and .
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3. That the Whatcom County Planning Department shall rate existing open
space properties using the public benefit rating system for the purpose
of determining a new current use assessed value.
PASSED this 5th day of February 1987.
ATTEST:
Carol Ebergson
Clerk of the Council
APPROVED AS TO FORM:
� �. c�stillM
b0.
David C. Cottingham
Civil Deputy Prosecuting Attorney
December 16,1986
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
.m BurtoT
Council Chairman
EXHIBIT #1
Revised February 5, 1987
WHATCOM COUNTY OPEN SPACE POLICY AND CRITERIA
AND
PUBLIC BENEFIT RATING SYSTEM
Whatcom County Planning Commission
December 16, 1986
SUMMARY OF WHATCOM COUNTY OPEN SPACE POLICIES
I. Public Benefit Rating System: All applications for open space -open space
and open space- timber will be rated according to the Whatcom County Public
Benefit Rating System described in the following pages. A Public Benefit
Rating of at least 45 must be attained in order to be recommended for
approval. In addition, the amount of tax reduction to be granted to open
space -open space applications will be based on the Public Benefit Rating.
The greater the public benefit provided by keeping the property in open
space use, the greater the tax reduction.
II. Public access: As a condition of approval, owners of open space parcels
must agree to provide a certain degree of public access according to the
Whatcom County Public Access Policy listed on Page 10. Note: On parcels
where there is a known habitat for an endangered species of wildlife listed
by the U.S. Fish and Wildlife Service or where there is a known or
potentially significant archaeological site, the public access requirement
may be waived by the Council.
III. Open Space Sign: As a condition of approval, owners of open space parcels
must agree to post a sign in a location visible to passing motorists, in
accordance with the Whatcom County Open Space Sign Policy on Page 11
indicating the parcel's open space status and the availability of public
access. As with the public access requirement, the requirement for posting
of a sign may be waived where there is an endangered species or an
archaeological site.
IV. Hold Harmless Agreement: All open space property owners must sign a hold
harmless agreement, freeing Whatcom County of.any liability which may arise
as a result of open space approval. A copy of the hold harmless agreement
is included on Page 12.
V. Timber Management Plan: Within six months of approval of an application for
open space- timber, the applicant must produce an acceptable timber
management plan, as described on Page 13.
VI. Revaluation of existing open space properties: The Whatcom County Planning
Department shall rate existing open space properties using the public
benefit rating system for the purpose of determining a new current use
assessed value.
Revised February 5, 1987
WHATCOM COUNTY OPEN SPACE POLICY AND CRITERIA
AND PUBLIC BENEFIT RATING SYSTEM
I. APPROVAL CRITERIA: OPEN SPACE /OPEN SPACE AND OPEN SPACE /TIMBER
Washington State law specifies that:
In determining whether an application. made for open space current use
taxation status should be approved or disapproved, pursuant to RCW
84.34.020, subsection (1)(b) (Open Space /Open Space) or subsection (3)-(Open
Space /Timber), the Whatcom County Planning Commission will consider in it's
recommendations to the County Council whether or not preservation of the
current use of the land, when balanced against the resulting revenue loss or
tax shift from granting the application will:
1. Conserve or enhance natural, cultural or scenic resources,
2. Protect streams, stream corridors, wetlands, natural shorelines and
aquifers,
3. Protect soil resources and unique or critical wildlife and native plant
habitat,
4. Promote conservation principles by example or by offering educational
opportunities
5 Enhance the value of abutting or neighboring parks, forests, wildlife
preserves, nature reservations or sanctuaries or other open spaces,
6. Enhance recreation opportunities,
7. Preserve historic and archaeological sites, and
8. Affect any other factors relevant in weighing benefits to the general
welfare of preserving the current use of the property.
II. PUBLIC BENEFIT RATING SYSTEM
A. Based on the first seven (7) approval criteria listed above in
conjunction with number eight (8) above, the Planning Department staff
will assign each application for Open Space/ Open Space and Open
Space /Timber a PUBLIC BENEFIT RATING using the method described below.
B. A parcel must receive a PUBLIC BENEFIT RATING of at least forty five
(45) to be recommended for approval.
C. The.PUBLIC BENEFIT RATING will be used by the County Assessor's office
in determining the amount of tax reduction for Open Space /Open Space
parcels. Open Space /Timber parcels will continue to be valued and
taxed by the Assessor's office as they have in the past, based upon the
potential timber productivity of the land.
in
III. PUBLIC BENEFIT RATING CALCULATION
A. BASIC VALUE
The Planning Department will review each Open Space \Opon Space and Open
Space /Timber application and will assign to each a BASIC VALUE that
represents the degree of conformance with the BASIC VALUE CRITERIA
listed in Section IV below.
B. PUBLIC BENEFIT VALUE
The BASIC VALUE will be increased (or decreased) by a percentage
(PUBLIC BENEFIT VALUE) representing the benefit to the general welfare
of preserving the current use of the property, based on conformance
with the factors listed in section V below.
C. PUBLIC BENEFIT RATING FORMULA
The PUBLIC BENEFIT RATING will be calculated using the following
formula:
PBR= BV +(BV X PBV), where:
PBR = PUBLIC BENEFIT RATING
BV =BASIC VALUE
PBV= PUBLIC BENEFIT VALUE
IV. BASIC VALUE CRITERIA:
A. Open Space /Open Space
A maximum of ten points for open apace /open space applications may be
assigned for each of the 7 items based upon conformance with the criteria
listed below.
1.. Conserve or enhance natural, cultural or scenic resources.
Criteria for approval:
a. lands which possess unique scenic vistas available to the public
or are within the visual corridor of scenic roads or highways;
b. lands which, when left in their natural state, would serve as
buffers between areas of commercial or industrial activity and
areas of human habitations;
C. lands which can serve to prevent the spread of high density
residential development into less developed areas;
d. lands located adjacent to airports.
2. Protect streams, stream corridors, wetlands, natural shorelines and
aquifers.
Criteria for approval:
a. lands within a 100 -year floodplain;
b. lands within or adjacent to areas of domestic water supply;
4
C. lands near or adjacent to streams or rivers where, if alterations
were to occur, a resulting loss of quality would also occur in the
conditions of water and the general functioning of the regime;
d. lands which provide for preservation of bogs or swamps;
e. lands adjacent to bodies of water, both marine and fresh;
f. lands including and adjacent to wetlands and tidal areas (these
lands would not necessarily be approved contingent upon public
access agreement due to biological sensitivities).
3. Protect soil resources and unique or critical wildlife and native plant
habitat.
Criteria for approval:
a. lands where slopes exceed 25% or areas where underlying geology
and soils are known to produce unstable conditions;
b. lands where, if alterations were to occur, a resulting high risk
of soil erosion would follow;
C. lands which represent habitats for unique or critical wildlife or
native plants, or habitat for rare or endangered species. On
parcels where there is a known habitat for an endangered species,
listed by the U.S. Fish and Wildlife Service, the Planning Depart-
ment shall automatically recommend approval with a recommendation
that a sign and public access shall not be required.
4. Promote conservation principles by example or by offering educational
opportunities.
Criteria for approval:
a. lands which are an example
principles;
b. lands which offer opportunities
interpretive centers or trails.
of application of conservation
for conservation education such as
5 . Enhance the value to the public of abutting or neighboring parks,
forests, wildlife preserves, nature reservations or sanctuaries or
other open spaces;
Criteria for approval:
a. land that the local County Park Board has identified for possible
future park acquisition;
b. land designated in County Parks, Recreation and Open Space Study
and other documents as significant parkland, open space or
conservation areas;
C. lands which, as open space, may help to provide for successful
implementation of County Trail Plan;
d. lands which are near or adjacent to existing public parks,
forests, wildlife preserves, nature reservations, sanctuaries,
schools or other open space lands classified under RCW 84.33 or
RCW 84.34;
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6. Enhance recreation opportunities.
criteria for approval:
a. lands possessing private recreational facilities which are
available to the public without charge;
b. lands which provide opportunities for passive recreational
activities such as, but not limited to, hiking, horseback riding,
hunting, fishing, bird watching, and nature observation;
7. Preserve historic and archaeological sites.
Criteria for approval:
a. areas or sites which have been identified as significant on local,
state or national Historic Registers;
b. areas or sites of known or potential archaeological significance.
On parcels where there is a known or potentially significant
archaeological site, the Planning Department shall automatically
recommend approval with a recommendation that a sign and public
access shall not be required.
B. Open Space /Timber
Only parcels of five acres or larger may be considered for Opp
Space /Timber. No approval shall be issued for any parcel containing a
building or any land in which more than 20% of land area is cleared of
timber. It is the policy of Whatcom County that growth and harvest of
forest crops (RCW 84.34.020(3)) shall mean: a long -term process of
intensively managing a forest area for high commercial yield. Tax
incentives should encourage the highest level of management consistent with
projected commercial yield.
A maximum of seven (7) points for Open Space /Timber applications may be
assigned for each of the ten (10) items listed below, based upon conformance
with the criteria listed.
(Whatcom County Timber Policy)
1. Land "primarily devoted to growth and harvest of forest crops."
2. Land where application for classification is accompanied by a detailed
timber management plan including, but not limited to, the following:
a. type of timber to be managed;
b. length of time in production and anticipated year of harvest;
C. projected cutting and reforestation methods;
d. types of forest management practices to be employed (i.e.,
fertilization, thinning, etc.)
3. Lands which are designated Forestry in the Whatcom County Comprehensive
Plan.
(State Law Criteria)
4. Conserve or enhance natural, cultural or scenic resources.
Criteria for approval:
1.1
5.
6.
7.
a. lands which possess unique scenic vistas available to the public
or are within the visual corridor of scenic roads or highways;
b. lands which, when left in their natural state, would serve as
buffers between areas of commercial or industrial activity and
areas of human habitations;
C. lands which can serve to prevent the spread of high density
residential development into less developed areas;
d. lands located adjacent to airports.
Protect streams, stream corridor, wetlands, natural shorelines and
aquifers.
Criteria for approval:
a. lands within a 100 -year floodplain;
b. lands within or adjacent to areas of domestic water supply;
C. lands near or adjacent to streams or rivers where, if alterations
were to occur, a resulting loss of quality would also occur in the
conditions of water and the general functioning of the regime;
d. lands which provide for preservation of bogs or swamps;
e. lands adjacent to bodies of water, both marine and fresh;
f. lands including and adjacent to wetlands and tidal areas (these
lands would not necessarily be approved contingent upon public
access agreement due to biological sensitivities).
Protect soil resources and unique or critical wildlife and native plant
habitat.
Criteria for approval:
a. lands where slopes exceed 25% or areas where underlying geology
and soils are known to produce unstable conditions;
b. lands where, if alterations were to occur, a resulting high risk
of soil erosion would follow;
C. lands which represent habitats for unique or critical wildlife or
native plants, or habitat for rare or endangered species. On
parcels where there is a known habitat for an endangered species,,
listed by the U.S. Fish and Wildlife Service, the Planning Depart -.
went shall automatically recommend approval with a recommendation
that a sign and public access shall not be required.
Promote conservation principles by example or by offering educational
opportunities.
Criteria for avvroval:
a. lands which are an example
principles;
b. lands which offer opportunities
interpretive centers or trails.
7
of application of conservation
for conservation education such as
8 . Enhance the value to the public of abutting or neighboring parks,
forests, wildlife preserves, nature reservations or sanctuaries or
other open spaces.
Criteria for approval:
a. land that the local County Park Board has identified for possible
future park acquisition;
b. land designated in County Parks, Recreation and Open Space Studies
and other documents as significant parkland, open space or
conservation areas;
C. lands which, as open space, may help to provide for successful
implementation of County Trail Plan;
d. lands which are near or adjacent to existing public parks, .
forests, wildlife preserves, nature reservations, sanctuaries,
schools or other open space lands classified under RCW 84.33 or
RCW 84.34;
9. Enhance recreation opportunities.
criteria for approval:
a. lands possessing private recreational facilities which are
available to the public without charge;
b. lands which provide opportunities for passive recreational
activities such as but not limited to hiking, horseback riding,
hunting, fishing, bird watching, and nature observation;
10. Preserve historic and archaeological sites.
Criteria for approval:
a. areas or sites which have been identified as significant on local,
state or national Historic Registers;
b. areas or sites of known or potential archaeological significance.
On parcels where there is a known or potentially significant
archaeological site, the Planning Department shall automatically
recommend approval with a recommendation that a sign and public
access shall not be required.
8
V. PUBLIC BENEFIT VALUE CRITERIA
The following list of open space characteristics have been determined to
have a high priority in providing (or detracting from) benefit to the
general welfare will be used to determine the PUBLIC BENEFIT VALUE for each
Open S ace Omen Space and Open Space /Timber application. The total PUBLIC
_BENEFIT VALUE will increase (or decrease) the BASIC VALUE by a certain
percentage. It is possible to attain a PUBLIC BENEFIT VALUE of up to 140%,
resulting in a maximum possible increase of 140%.
A. PUBLIC ACCESS (Maximum 40% increase)
1. Shoreline access
2. Recreation access
3. Public road frontage
B. WATER RESOURCE PROTECTION (Maximum 20% increase)
1. Watershed of domestic water supply
2. Aquifer recharge area
3. Preservation of hydrologic processes:
- streams and natural drainage courses
- wetlands, swamps, bogs
-lakes
C. WILDLIFE HABITAT (Maximum 20% increase)
1. Rare or threatened species
2. Abundance and diversity of wildlife (associated with "edge" type
habitat and areas of vegetative and topographic diversity).
D. PARCEL SIZE
A. twenty (20) acres or larger
B. Smaller than five (5) acres
(Maximum 10% increase)
(Maximum 10% decrease)
E. LINKAGE WITH OTHER OPEN SPACES (Maximum 5% increase)
Adjacent to other Open Space, parks, or open areas associated with
Planned Unit Developments, Cluster Subdivisions, or Binding Site Plans.
F. NATURAL AREAS (Maximum 5% increase)
Based on how much of parcel is in natural cover and not developed with
homesite, outbuildings, and clearings.
G. FINANCIAL ADVANTAGE (Maximum 40% decrease)
The use to which the land is put derives a financial advantage for it
owners.
H. DISCRETIONARY VALUE (Maximum 40% increase)
(Maximum 40% decrease)
Discretionary value may be added or subtracted where land provides or
detracts from public benefits other than those specifically listed
above. If discretionary value is added or subtracted, the provision of
or detraction from public benefits shall be set forth in detail on the
supplemental application form and on the scoring sheet
E
EXHIBIT #2
PUBLIC ACCESS
The term "public access is limited and defined . as the right of any
individual to request permission to enter and visit the premises on foot for
legitimate recreational purposes such as bird watching, scenic observation,
scientific investigation, picnicking during daylight hours, and strolling and
general relaxation on the premises. This right is subject to the execution by
the visitor of:
1. An agreement to abide by any reasonable rules.of personal conduct
required by the owners while on the premises, and
2. A general release of the owner from liability for any injury
suffered by the visitor while on the premises. Permission will be
granted without discrimination, except in the case of a person in
disorderly or apparently intoxicated condition in which case
permission shall become automatically revoked, and the permittee
deemed to be a trespasser upon the premises.
Owners retain and reserve the power to promulgate and enforce rules not
inconsistent with the foregoing provisions and conditions for public entry upon
the premises.
DATED this
day of.
19
SIGNED
---------------------------------
Owner
Owner
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EXHIBIT #3.
WHATCOM COUNTY OPEN SPACE
HOLD HARMLESS AGREEMENT
and
Owner Owner
In consideration for Whatcom County's approval of the
attached Open Space Application, with any conditions that may
be imposed, hereby agree to defend, indemnify and hold
harmless Whatcom County, its officers and employees from any
claim that may arise against Whatcom County as a result of
the approval of the attached application with conditions.
This agreement shall become binding only after the attached
application has been approved by the Whatcom County Council.
DATED this _______day of ----------------- 19______.
Sighed
i
Owner
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EXHIBIT #4
Revised February 5, 1987
OPEN SPACE SIGN POLICY
As a condition of approval of your open space application,
you must post a two foot by two foot (2'X 2') sign on the
property to indicate open space status, public access, and
the Open Space Agreement number within one month of executing
the Open Space Agreement.
The sign must be located on the property's road frontage in a
conspicuous location where possible.
Construction of the sign will be the responsibility of the
applicant and will be in accordance with.the specifications
on file with the Planning Department. It is the property
owner's responsibility to assure that the sign remains in
place during the period of the open space agreement.
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EXHIBIT #5
WHATCOM COUNTY TIMBER MANAGEMENT PLAN POLICY
All owners of parcels approved for open space - timber must
submit, within six months of approval a timber management
plan including, but not limited to, the following:
(a) Type of timber to be managed;
(b) length of time in production and anticipated year
of harvest;
(c) projected cutting and reforestation methods;
(d) types of forest management practices to be employed
(i.e., fertilization, thinning, etc.)
13
I;ALLILti nu
File Ref: OS 86 -PBRS
October 17, 1986
WHATCOM COUNTY PLANNING DEPARTMENT STAFF REPORT
APPLICANT: Whatcom County Planning Department, 401 Grand Avenue, Bellingham,
Washington 98225.
REQUEST: The request is for the Whatcom County to adopt a Public Benefit Rating
System, attac::hed hereto as Exhibit 1, pursuant to RCW Chapter 84.34.055. Said
Public Benefit Rating System will replace the present Whatcom County Open Space
and Timber Criteria and Policies that were adopted by the Council in 1977.
LOCATION: The proposal will be applicable to all lands within unincorporated
Whatcom County.
STATUTORY REQUIREMENTS: A Planning Commission public hearing has been scheduled
for Tuesday, October 21, to consider adopting a Public Benefit Rating System
pursuant to RCW Chapter 84.34.055. Legal notice of the hearing was published in
the Bellingham Herald on Sunday, October 12, 1986. The proposal is categorically
exempt from SEPA requirements.
ANALYSIS AND EVALUATION: In 1970 the Washington State Legislature adopted RCW
84.34, permitting property owners to apply for open space current use property
taxation status. Open Space - Agriculture applications are administered by the
County Assessor while Open Space -Open Space and Open Space - Timber applications
are handled by the Planning Commission and the County Council in the same manner
as an amendment to the County's Comprehensive Plan. From 1970 until 1977, the
Planning Department used five broad general criteria as a basis for its recom-
mendations for approval or denial of Open Space applications. In 1977 a more
detailed and specific set of open space approval criteria and policies was
adopted by the County Council. The 1977 criteria are presently in use. In 1985
RCW 84.34 was amended to permit counties to adopt a Public Benefit Rating System
for determining eligibility for current use taxation status and for determining
the amount of tax relief to be granted successful applications for Open Space -
Open Space. The 1985 amendment to RCW 84.34 also modified slightly the list of
items which may be considered in determining whether to approve or deny an open
space application. The proposed Public Benefit Rating System incorporates those
modifications to the state law.
SUMMARY OF FINDINGS: The Whatcom County Planning Department has requested
adoption of a Public Benefit Rating System pursuant to RCW 84.34 as amended in
1985. The proposed Public Benefit Rating System, attached hereto as Exhibit 1,
was developed in compliance with the 1985 amendments to RCW 84.34. The Public
Benefit Values listed in Section V of the proposed Public Benefit Rating System
are based on open space priorities established by the Planning Agency as
authorized by RCW 84.34.055. A public hearing has been scheduled for Tuesday,
October 21, 1986 and legal notice was published in the Bellingham Herald on
Sunday, October 12, 1986. The proposal is categorically exempt from SEPA
requirements.
RECOMMENDATIONS: The Planning Department recommends to the Planning Commission
the approval of the proposed Public Benefit Rating System.
WHATCOM COUNTY OPEN SPACE POLICY AND CRITERIA
PUBLIC BENEFIT RATING SYSTEM
Whatcom County Planning Commission
October 21, 1986
OUTLINE (page)
I. APPROVAL CRITERIA OPEN SPACE /OPEN SPACE AND OPEN SPACE /TIMBER 3.
(BASIC VALUE)
1. Natural, cultural, scenic resources
2. Streams, wetlands, aquifers
3. Soils, wildlife, plants
4. Promote conservation principles
6. Enhance parks, preserves, open spaces, etc.
6. Recreation
7. Historic and archaeological sites
(PUBLIC BENEFIT VALUE)
8. Public benefit
II. PUBLIC BENEFIT RATING SYSTEM
III. PUBLIC BENEFIT RATING CALCULATION
A. BASIC VALUE
B. PUBLIC BENEFIT VALUE
C. PUBLIC BENEFIT RATING FORMULA
3.
4.
IV. BASIC VALUE CRITERIA 4.
A. OPEN SPACE /OPEN SPACE (1 -7)
(Open Space Criteria)
1. Natural, cultural, scenic resources
2. Streams, wetlands, aquifers
3. Soils, wildlife, plants
4. Promote conservation principles
6. Enhance parks, preserves, open spaces, etc.
6. Recreation
7. Historic and archaeological sites
B. OPEN SPACE /TIMBER (1 -10) 6.
(Timber Criteria)
1. Forestry primary use
2. Timber management plan
3. Forestry Comprehensive Plan Designation
(Open Space Criteria)
4. Natural, cultural, scenic resources
6. Streams, wetlands, aquifers
6. Soils, wildlife, plants
7. Promote conservation principles
8. Enhance parks, preserves, open spaces, etc.
9. Recreation
10. Historic and archaeological sites
V. PUBLIC BENEFIT VALUE CRITERIA 9.
A. Public access
B. Water resource protection
C. Wildlife habitat
D. Parcel size
E. Linkage with other open space
F. Natural areas
G. Financial advantage
H. Discretionary value
(DRAFT 3: Proposed)
WHATCOM COUNTY OPEN SPACE POLICY AND CRITERIA
AND PUBLIC BENEFIT RATING SYSTEM
I. APPROVAL CRITERIA: OPEN SPACE /OPEN SPACE AND OPEN SPACE /TIMBER
Washington State law specifies that:
In determining whether an application made for open space current use
taxation status should be approved or disapproved, pursuant to RCW
84.34.020, subsection (1')(b) (Open Space /Open Space) or subsection (3) (Open
Space /Timber), the Whatcom County Planning Commission will consider in it's
recommendations to � the County Council whether or not preservation of the
current use of the land, when balanced against the resulting revenue loss or
tax shift from granting the application will:
1. Conserve or enhance natural, cultural or scenic resources,
2. Protect streams, stream corridors, wetlands, natural shorelines and
aquifers,
3. Protect soil resources and unique or critical wildlife and native plant
habitat,
4. Promote conservation principles by example or by offering educational_
opportunities
5 Enhance the value of abutting or neighboring parks, forests, wildlife
preserves, nature reservations or sanctuaries or other open spaces,
6. Enhance recreation opportunities,
7. Preserve historic and archaeological sites, and
8. Affect any other factors relevant in weighing benefits to the general
welfare of preserving the current use of the property.
II. PUBLIC BENEFIT RATING SYSTEM
A. Based on the first seven (7) approval criteria listed above in
conjunction with number eight (8) above, the Planning Department staff
will assign each application for Open Space / Open Space and Open
Space /Timber a PUBLIC BENEFIT RATING using the method described below.
B. A parcel must receive a PUBLIC BENEFIT RATING of at least seventy (70)
to be recommended for approval. �\
C. The PUBLIC BENEFIT RATING will be used by the County Assessor's office
in determining the amount of tax reduction for Open Space /Open Space
parcels. Open Space /Timber parcels will continue to be valued and
taxed by the Assessor's office as they have in the past, based upon the
potential timber productivity of the land.
3
III. PUBLIC BENEFIT RATING CALCULATION
A. BASIC VALUE
The Planning Department will review each Open Space \Open Space and Open
Space /Timber application and will assign to each a BASIC VALUE that
represents the degree of conformance with the BASIC VALUE CRITERIA
listed in Section IV below.
B. PUBLIC BENEFIT VALUE
The BASIC VALUE will be increased (or decreased) by a percentage
(PUBLIC BENEFIT VALUE) representing the benefit to the general welfare
of preserving the current use of the property, based on conformance
with the factors listed in section Vf below:
C. PUBLIC BENEFIT RATING FORMULA
The PUBLIC BENEFIT RATING will be calculated using the following
formula:
PBR= BV +(BV X PBV), where:
PBR = PUBLIC BENEFIT RATING
BV =BASIC VALUE
PBV= PUBLIC BENEFIT VALUE
IV. BASIC VALUE CRITERIA:
A. Open Space /Open Space
A maximum of ten points for open apace /open space applications may be
assigned for each of the 7 items based upon conformance with the criteria
listed below.
1. Conserve or enhance natural, cultural or scenic resources.
Criteria for approval:
a. lands which possess unique scenic vistas available to the public
or are within the visual corridor of scenic roads or highways;
b. lands which, when left in their natural state, would serve as
buffers between areas of commercial or industrial activity and
areas of human habitations;
C. lands which can serve to prevent the spread of high density
residential development into less developed areas;
d. lands located adjacent to airports.
2. Protect streams, stream corridors, wetlands, natural shorelines and
aquifers.
Criteria for approval:
a. lands within a 100 -year floodplain;
b. lands within or adjacent to areas of domestic water supply;
4
C. lands near or adjacent to streams or rivers where, if alterations
were to occur, a resulting loss of quality would also occur in the
conditions of water and the general functioning of the regime;
d. lands which provide for preservation of bogs or swamps;
e. lands adjacent to bodies of water, both marine and fresh;
f. lands including and adjacent to wetlands and tidal areas (these
lands would not necessarily be approved contingent upon public
access agreement due to biological sensitivities).
3. Protect soil resources and unique or critical wildlife and native plant
habitat.
Criteria for approval:
a. lands where slopes exceed 25% or areas where underlying geology
and soils are known to produce unstable conditions;
b. lands where, if alterations were to occur, a resulting high risk
of soil erosion would follow;
C. lands which represent habitats for unique or critical wildlife or
native plants, or habitat for rare or endangered species.
4. Promote conservation principles by example or by offering educational
opportunities.
Criteria for approval:
a. lands which are an example
principles;
b. lands which offer opportunities
interpretive centers or trails.
of application of conservation
for conservation education such as
5 . Enhance the value to the public of abutting or neighboring parks,
forests, wildlife preserves, nature reservations or sanctuaries or
other open spaces;
Criteria for approval:
a. land that the local County Park Board has identified for possible
future park acquisition;
b. land designated in County Parks, Recreation and Open Space Study
and other documents as significant parkland, open space or
conservation areas;
C. lands which, as open space, may help to provide for successful
implementation of County Trail Plan;
d. lands which are near or adjacent to existing public parks,
forests, wildlife preserves, nature reservations, sanctuaries,
schools or other open space lands classified under RCW 84.33 or
RCW 84.34;
5
6. Enhance recreation opportunities.
criteria for approval:
a. lands possessing private recreational facilities which are
available to the public without charge;
b. lands which provide opportunities for passive recreational
activities such as, but not limited to, hiking, horseback riding,
hunting, fishing, bird watching, and nature observation;
7. Preserve historic and archaeological sites.
Criteria for approval:
a. areas or sites which have been identified as significant on local,
state or national Historic Registers;
b. areas or sites of known or potential archaeological significance.
B. Open Space /Timber
Only parcels of five acres or larger may be considered for Open
Space /Timber. No approval shall be issued for any parcel containing a
building or any land in which more than 20% of land area is cleared of
timber. It is the policy of Whatcom County that growth and harvest of
forest crops (RCW 84.34.020(3)) shall mean: a long -term process of
intensively managing a forest area for high commercial yield. Tax
incentives should encourage the highest level of management consistent with
ro.iected commercial yield.
A maximum of seven (7) points for Open Space /Timber applications may be
assigned for each of the ten (10) items listed below, based upon conformance.
with the criteria listed.
(Whatcom County Timber Policy)
1. Land "primarily devoted to growth and harvest of forest crops."
2. Land where application for classification is accompanied by a detailed
timber management plan including, but not limited to, the following:
a. type of timber to be managed;
b. length of time in production and anticipated year of harvest;
C. projected cutting and reforestation methods;
d. types of forest management practices to be employed (i.e.,,
fertilization, thinning, etc.)
3. Lands which are designated Forestry in the Whatcom County Comprehensive
Plan.
(State Law Criteria)
4. Conserve or enhance natural, cultural or scenic resources.
Criteria for approval:
a. lands which possess unique scenic vistas available to the public
or are within the visual corridor of scenic roads or highways;
0
5.
6.
7.
b. lands which, when left in their natural state, would serve as
buffers between areas of commercial or industrial activity and
areas of human habitations;
C. lands which can serve to prevent the spread of high density
residential development into less developed areas;
d. lands located adjacent to airports.
Protect streams, stream corridors, wetlands, natural shorelines and
aquifers.
Criteria for approval:
a. lands within a 100 -year floodplain;
b. lands within or adjacent to areas of domestic water supply;
C. lands near or adjacent to streams or rivers where, if alterations
were to occur, a resulting loss of quality would also occur in the
conditions of water and the general functioning of the regime;
d. lands which provide for preservation of bogs or swamps;
e. lands adjacent to bodies of water, both marine and fresh;
f. lands including and adjacent to wetlands and tidal areas (these
lands would not necessarily be approved contingent upon public
access agreement due to biological sensitivities).
Protect soil resources and unique or critical wildlife and native plant
habitat.
Criteria for approval:
a. lands where slopes exceed 25% or areas where underlying geology
and soils are known to produce unstable conditions;
b. lands where, if alterations were to occur, a resulting high risk
of soil erosion would follow;
C. lands which represent habitats for unique or critical wildlife or
native plants, . or habitat for rare or endangered species.
Promote conservation principles by example or by offering educational
opportunities.
Criteria for approval:
a. lands which are an example
principles;
b. lands which offer opportunities
interpretive centers or trails.
7
of application of conservation
for conservation education such as
8 . Enhance the value to the public of abutting or neighboring parka,
forests, wildlife preserves, nature reservations or sanctuaries or
other open spaces.
Criteria for approval:
a. land that the local County Park Board has identified for possible
future park acquisition;
b. land designated in County Parks, Recreation and Open Space Studies
and other documents as significant parkland, open space or
conservation areas;
C. lands which, as open space, may help to provide for successful
implementation of County Trail Plan;
d. lands which are near or adjacent.; to existing public parks,
forests, wildlife preserves, nature reservations, sanctuaries,
schools or other open space lands classified under RCW 84.33 or
RCW 84.34;
9. Enhance recreation opportunities.
criteria for approval:'
a. lands possessing private recreational facilities which are
available to the public without charge;
b. lands which provide opportunities for passive recreational
activities such as but not limited to hiking, horseback riding,
hunting, fishing, bird watching, and nature observation;
10. Preserve historic and archaeological sites.
Criteria for approval:
a. areas or sites which have been identified as significant on local,
state or national Historic Registers;
b. areas or sites of known or potential archaeological significance.
,]
V. PUBLIC BENEFIT VALUE CRITERIA
The following list of open space characteristics have been determined to
have a high priority in providing (or detracting from) benefit to the
general welfare will be used to determine the PUBLIC BENEFIT VALUE for each
Open Space/Open Space and Open Space /Timber application. The total PUBLIC
BENEFIT VALUE will increase (or decrease) the BASIC VALUE by a certain
percentage. It is possible to attain a PUBLIC BENEFIT VALUE of up to 140%,
resulting in a maximum possible increase of 140 %.
A. PUBLIC ACCESS (Maximum 40% increase)
1. Shoreline access
2. Recreation access
B. WATER RESOURCE PROTECTION (Maximum 20% increase)
1. Watershed of domestic water supply
2. Aquifer recharge area
3. Preservation of hydrologic processes:
- streams and natural drainage courses
- wetlands, swamps, bogs
-lakes
C. WILDLIFE HABITAT (Maximum 20% increase)
I. Rare or endangered species (in addition to the maximum value being
awarded, public access shall be prohibited, with the maximum value
for public access awarded).
2. Abundance and diversity of wildlife (associated with "edge" type
habitat and areas of vegetative and topographic diversity).
D. PARCEL SIZE
A. twenty (20) acres or larger (Maximum 10% increase)
B. Smaller than five (5) acres (Maximum 10% decrease)
E. LINKAGE WITH OTHER OPEN SPACES (Maximum 5% increase)
Adjacent to other Open Space, parks, or open areas associated with
Planned Unit Developments, Cluster Subdivisions, or Binding Site Plans.
F. NATURAL AREAS (Maximum 5% increase)
Based on how much of parcel is in natural cover and not developed with
homesite, outbuildings, and clearings.
G. FINANCIAL ADVANTAGE (Maximum 40% decrease)
The use to which the land is put derives a, financial advantage for it
owners.
H. DISCRETIONARY VALUE (Maximum 40% increase)
Discretionary value may be awarded where land provides public benefits
other than those specifically listed above.
December 16, 1986
File Ref: OS 86 -PBRS
WHATCON COUNTY PLANNING AGENCY REPORT
PLANNING COMMISSION RESOLUTION IN THE MATTER OF
ADOPTING A PUBLIC BENEFIT RATING SYSTEM FOR THE )
PURPOSE OF DETERMINING ELIGIBILITY FOR CURRENT USE)
TAXATION STATUS FOR OPEN SPACE -OPEN SPACE AND )
OPEN SPACE - TIMBER APPLICATIONS AND FOR DETERMINING)
THE AMOUNT OF TAX RELIEF GRANTED SUCCESSFUL APPLI -)
CATIONS FOR OPEN SPACE -OPEN SPACE AND IN THE MAT -)
TER OF ADOPTING POLICIES CONCERNING PUBLIC ACCESS )
TO OPEN SPACE LANDS; THE POSTING OF OPEN SPACE )
SIGNS; OPEN SPACE HOLD HARMLESS AGREEMENTS; TIMBER)
MANAGEMENT PLANS; AND USE OF THE PUBLIC BENEFIT )
RATING SYSTEM TO EVALUATE EXISTING OPEN SPACE )
LANDS FOR THE PURPOSE OF DETERMINING A NEW CURRENT)
USE ASSESSED VALUE )
FINDINGS,
REASONS AND
NOTION
WHEREAS, in 1970, the Washington State Legislature adopted RCW 84.34,
permitting property owners to apply for open space current use. property taxation
status; and
WHEREAS, in 1977, the Whatcom County Commissioners adopted the criteria and
policies currently being used for approval or denial of Open Space -Open Space and
Open Space - Timber applications pursuant to the provisions of RCW 84.34; and
WHEREAS, in 1985, RCW 84.34 was amended to permit counties to establish open
space priorities and to adopt a. Public Benefit Rating System for determining
eligibility for Open Space current use taxation status and for determining the
amount of tax relief to be granted successful applications for Open Space -Open
Space; and
WHEREAS, RCW 84.34.037 permits the county legislative body to require that
certain conditions be met in approving an application for open space current use
status; and
WHEREAS, RCW 84.34.037 permits counties to rate existing open space
properties using the public benefit rating system; and
WHEREAS, the Planning Commission has established open space priorities and
the Planning Department has proposed a Public Benefit Rating System; and
WHEREAS, legal notice was published in the Bellingham Herald on
Sunday,October 12, 1986 and the proposal is categorically exempt from SEPA
requirements; and
WHEREAS, the Planning Department has prepared a staff report dated October
17, 1986, wherein a recommendation for approval was made, (see Exhibit "6 "); and
WHEREAS, pursuant to RCW 84.34.066, a public hearing was held on Tuesday,
October 21, 1986 to consider adoption of said Public Benefit Rating System; and
a work session was held on October 21, 1986; and the hearing was continued to
December 11, 1986; and continued again to December 16, 1986; and
WHEREAS, revisions to the Planning Department's original proposed Public
Benefit Rating System were recommended by the Planning Commission; and
WHEREAS, the Planning Department has revised the original proposal pursuant
to the Planning Commission's recommendations and said revised proposal is
included herein as Exhibit "1 "; and
WHEREAS, the Planning Commission has recommended that the adoption of
certain policies requiring public access to open space lands; the posting of open
space sighs; open space hold harmless agreements; and timber management plans as
conditions of open space approval. Said policies are attached hereto as Exhibits
"211, "3", "4", and "6" respectively; and
WHEREAS, the Planning Commission further recommends that the public benefit
rating system be used to evaluate existing open space-lands for the purpose of
determining the new current use assessed value.
NOW, THEREFORE, BE IT RESOLVED:
Findings of Fact and Reasons for Action
1. That a quorum of Commission members was present during the December 16
hearing.
2. That a majority of the Planning Commission adopts the Findings and
Recommendations presented in the Planning Department Staff Report
(Exhibit "6 ") and further recommends to the County Council the adoption of
the revised proposed Public Benefit Rating System presented in Exhibit "1"
and the Open Space Policies presented in Exhibit "2 ", "3 ", "4 ", and "P.
3. That a majority of the Planning Commission recommends that the Planning
Department shall rate existing open space properties using the public
benefit rating system for the purpose of determining a new current use
assessed value.
4. That the Chairman and Secretary are hereby directed to place their
signatures on this document and to transmit save together with the
aforementioned Exhibits "1", "2", "3", "4", 11511, and "6" to the County Council.
Done and passed by majority vote this 16th day of December, 1986.
Attachments:
WHATCOM COUNTY PLANNING COMMISSION
Exhibit "1" Revised proposed Public Benefit Rating System
Exhibit "2" Public Access Policy
Exhibit "3" Hold Harmless Agreement
Exhibit "4" Open Space Sign Policy
Exhibit "5" Timber Management Plan Policy
Exhibit "6" Planning Department Staff Report