27.08.060 Open space land public benefit resources.
Properties which contain, abut (if applicable), or otherwise meet one or more of the following criteria shall be eligible for open space land public benefit rating points:
(1) Floodplains or Floodways. Properties which contain floodways or 100-year floodplains as designated by the Clallam County critical areas maps or by the Federal Emergency Management Agency flood maps. Points shall not be assigned if the associated stream also qualifies the subject property for benefit points under subsection (4) of this section, Streams.
(2) Meander Hazard Zones. Properties within riparian meander hazard zones as designated by the Clallam County critical areas maps. Points shall not be assigned if the associated stream also qualifies the subject property for benefit points under subsection (4) of this section, Streams.
(3) Open Space, Wildlife Corridor, or Greenbelts. Properties within open space zoning districts, wildlife corridors, or greenbelts, as identified by federal, State, or local agencies. Optionally, public benefit rating points will be awarded if an applicant demonstrates to the satisfaction of the legislative authority the existence of a wildlife corridor within the subject property. Points shall not be assigned if the associated stream also qualifies the subject property for benefit points under subsection (4) of this section, Streams.
(4) Streams. Properties which contain or abut Types 1 through 5 streams as defined by WAC 222-16-030, Water Typing Systems, and regulated through Chapter 27.12 CCC and CCC Title 35, Clallam County Shoreline Master Program (SMP).
(5) Habitat. Properties which contain any of the following:
(a) Private wildlife reserves. Such reserves must be officially designated areas, as defined by federal, State, or local agencies, under private ownership, that are maintained in a manner as to provide habitat for animal species native to the North Olympic Peninsula.
(b) Properties which contain Class I or II Wildlife Habitat Conservation Areas as provided by the Clallam County Critical Areas Code, CCC 27.12.310(b) and (c), Classification Areas.
(c) Those areas where County-sanctioned ongoing habitat restoration, protection, or demonstration projects are in progress.
(6) Endangered Species. Properties which contain documented occurrence of a State or federal endangered species; State or federal threatened species; or State or federal proposed endangered or threatened species.
(7) Rare or Unique Plant Communities. Properties which contain plant communities listed as rare or unique by the Washington Natural Heritage Program.
(8) Wetlands. Properties which contain regulated Class I through IV wetlands as defined by Chapter 27.12 CCC, Critical Areas Code. Landowners whose properties contain unclassified wetlands may choose to either:
(a) Provide the legislative authority with documentation that specifies the classification of the subject wetland. If necessary, such documentation shall be prepared, at the landowner’s expense, by a professional consultant approved by Clallam County; or
(b) Accept public benefit points equal to that provided for Class III wetlands.
(9) Shorelines. Properties which contain or abut shorelines classified as any of the following in accordance with the Clallam County Shoreline Master Program:
(a) Natural environment;
(b) Conservancy environment;
(c) Rural environment;
(d) Suburban environment;
(e) Urban environment;
(f) Shorelines of State-wide significance.
Points shall not be assigned if the associated stream also qualifies the subject property for benefit points under subsection (4) of this section, Streams.
(10) Well Head Protection Areas. Properties within a designated well head protection area as may be identified by Clallam County maps.
(11) Historical or Archaeological Sites. Properties which contain either of the following:
(a) Historical sites which are listed, or are eligible for listing, on the Washington Heritage Register or the National Register of Historic Places; or
(b) Documented or potential archaeological sites listed, or eligible for listing, with the Washington State Office of Archaeology and Historic Preservation.
(12) Scenic Vistas. Properties which provide either of the following scenic resources:
(a) Unique scenic vistas and features. Public access shall be required for point eligibility under this subsection. Tax benefit reductions shall apply only to the portion(s) of the subject property that is provided for public access; or
(b) Unique scenic resources within the visual corridor of a federal, State, or County designated scenic highway, such as Highways 101 and 112, and the Dungeness Scenic Loop. Applicants must provide photographic documentation if requested by the County legislative authority.
(13) Landslide Hazards. Properties which contain landslide hazard areas as defined by Chapter 27.12 CCC, Critical Areas Code, and documented on the Clallam County critical areas maps.
(14) Farm and Agricultural Conservation Land. To be eligible for public benefit points under this subsection a property must meet all of the following criteria:
(a) Properties must meet the definition of “farm and agricultural conservation land” as specified by CCC 27.08.050(4), Definitions; and
(b) Properties must be “subdividable,” that is, the area of each subject property must be equal to or greater than two (2) times the maximum residential density of the underlying zoning district. This provision does not apply to those properties within the Agricultural Retention (AR) zoning district.
(c) Applications shall be accompanied by a statement of intent, which includes all interim measures that will be followed to protect and manage the land in a manner that allows resumption of commercial agricultural use. The statement shall provide the following information:
(i) The name, address, and daytime telephone number of the landowner;
(ii) The tax parcel number of the subject property;
(iii) The size of the subject property;
(iv) A nontechnical soils description and agricultural capability classification as assigned in the Soil Survey of Clallam County Area, published by the U.S. Department of Agriculture;
(v) A copy of the published soils map showing the boundaries of the subject property;
(vi) A schedule of measures that are and will be used to accomplish the goals and objectives; and
(vii) The steps that will be taken to conserve the agricultural soils to allow a return to commercial agricultural production.
Public benefit rating points for farm and agricultural conservation lands shall be assigned in terms of parcel size and soil capability classifications (as provided by the U.S. Department of Agriculture’s Soil Survey of Clallam County Area, Washington). Benefit points shall be assigned in accordance with the following table:
|
Parcel Size |
|||||
|---|---|---|---|---|---|
|
Soils |
0 – 4.99 Acres |
5.0 – 9.99 Acres |
10.0 – 14.99 Acres |
15.0 – 19.99 Acres |
20.0 Acres and greater |
|
“Prime” or Class I |
3 |
6 |
9 |
12 |
15 |
|
Class II |
2 |
3 |
6 |
9 |
12 |
|
Class III |
1 |
2 |
3 |
6 |
9 |
|
Class IV |
0 |
1 |
2 |
3 |
6 |
(15) Public Access. Public benefit points may be earned in accordance with the following:
(a) Privately Owned Recreation Facilities. Properties that are maintained in a substantially natural state, and are made available to the public for a fee for the purpose of hiking, fishing, horseback riding, hunting, picnicking, or other outdoor recreational activities that do not significantly alter the natural topography, hydrology, or the variety and distribution of the existing native vegetation.
(b) General Public Access. Properties which are made available to the public in accordance with CCC 27.08.090, Public Access Policy.
(16) Development Pressure/Zoning. The following categories of parcel area preservation shall be eligible for public benefit rating points:
(a) Eligible properties are those zoned R1, RW1, R2, RW2, QR, R5, RW5, RCC5, RCC3, RLM, RSC, R20, CFM5, CFM20, and CF. Also included are RC, RNC, TC, and CEN properties when associated with a residential land use, or are undeveloped. To be eligible for points under this subsection, the subject property must be large enough to be legally subdividable. Points shall not be assigned under this subsection if the subject property(s) qualifies for benefit points under subsection 16(b) of this section.
(b) Public benefit points may be earned by combining contiguous parcels under single ownership through the lot combination process in accordance with Chapter 29.43 CCC, Boundary Line Adjustments and Lot Combination. The resulting parcel created through the lot combination process may contain one single-family residence. The area of the resulting parcel created through the lot combination process must be equal to or greater than two (2) times the maximum residential density of the underlying zoning district.
The landowner shall initiate the lot combination process prior to, or concurrently with, the open space application, and shall provide at the time of open space application appropriate documentation of the proposed or final lot combination.
Lot combination under this section shall not create a “split zone” parcel. In the event a rezone is required, the lowest density zoning shall prevail. The landowner shall initiate the rezone procedure concurrently with the open space application, and shall so demonstrate to the legislative authority with the appropriate documentation.
(c) Undeveloped properties which abut (minimum of fifty (50) feet of common property line) existing public park lands, forests, wildlife preserves, sanctuaries, or other open space lands classified under Chapter 84.33 RCW or Chapter 84.34 RCW shall be eligible for public benefit points. For the purposes of this subsection, “undeveloped property” shall mean any property that has not undergone human-induced change, including, but not limited to, the construction of buildings or other structures, placement of manufactured homes or mobile homes, mining, dredging, clearing, filling, grading, paving, excavation, drilling operations, or other activities that substantially alter the natural topography, hydrology, or existing native vegetation.
(17) Conservation Easements and TDRs. Properties with diminished development rights resulting from either:
(a) Transfer of development rights (TDRs) in accordance with provisions of the Clallam County Zoning Code, CCC Title 33; or
(b) Perpetual conservation easements that:
(i) Preserve land areas for outdoor recreation or for the education of the general public; or
(ii) Protect natural habitat for fish, wildlife, plants or similar ecosystems; or
(iii) Preserve open space (including farmland and forestland) where such preservation is for the scenic enjoyment of the general public or pursuant to a clearly delineated federal, State, or local governmental conservation policy.
Tax benefit reductions for TDRs shall apply to that percentage of the subject property, which would otherwise be available for development prior to the transfer. Tax benefit reductions for perpetual conservation easements shall apply only to that portion of a subject property that is conserved by the easement.