ORD 92-14 PRESERVATION OF FARMLANDSORDINANCE NO. 92-14
AN ORDINANCE of the City of Bainbridge Island, Washington,
relating to the protection and preservation of farmlands and open
space, and establishing a program to purchase the development
fights of farmlands and open space.
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON,
DO ORDAIN AS FOLLOWS:
WHEREAS, Chapter 84.34 RCW authorizes the City to acquire rights or interests in real
property for the preservation of open spaces and farm and agricultural land; now, therefore
Section 1. A new chapter is added to the Bainbridge Island Municipal Code as follows:
.010 Findings and Declaration of Purpose. The City Council finds that:
A. The City is a desirable place to live and visit because of the natural beauty of its
open space, including farmlands.
B. Land suitable for farming is an irreplaceable natural resource. When such land
is converted to housing, an important community resource is permanently lost to the citizens of
the City.
C. Despite the value of farms and farmers to the community, increasing land values
threaten to eliminate farming as a way of life.
D. The acquisition by the City of voluntarily offered interests in farmlands and open
space within the City, as provided in this Chapter, will permit these lands to remain in farmland
and open space uses and provide long-term protection for the public interests which are served
by farmlands and open space.
E. The acquisition of development rights in farmlands and open space as provided
in this Chapter is a public purpose.
.020 Definitions.
A. "Administrator" means the official or body nominated by the Mayor and appointed
by the City Council to administer this Chapter.
B. "Agricultural Rights" means an interest in and the right to use and possess land
for purposes and activities related to horticultural, viticultural, floricultural, dairy, apiary,
vegetable, animal product, berry, grain, hay, straw, turf, seed, Christmas tree, livestock, and
other agricultural and open space uses.
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C. "Development Rights" means an interest in and the right to use and subdivide land
for any and all residential, commercial and industrial purposes and activities which are not
incidental to agricultural and open space uses.
D. "Eligible Land" means Farmland and Open Space Land which is eligible to be
acquired under this Chapter.
E. "Farmland" means:
1. "Agricultural Land" as defined in Section 16.20.020 of this Code;
Land which is Open Space Land, but has been used as Agricultural Land
as defined in Section 16.20.020 of this Code;
Land which is primarily devoted to the raising, breeding or production of
animals or plants, but does not meet the definition of "Agricultural Land"
in Section 16.20.020 of this Code; or
Open Space Land which is found by the Selection Committee to be
suitable for use as Farmland.
F. "Full Ownership" means fee simple ownership.
G. "Governmental Agency" means the United States or any agency thereof, the State
of Washington or any agency thereof, or any county, city or municipal corporation.
H. "Open Space Land" means "Open Space" as defined in Section 16.20.020 of this
Code and "open space use" means any of the uses provided in such definition.
I. "Owner" means the party or parties having a fee simple interest, real estate
contract vendor's or vendee's interest, mortgagor's interest or deed of trust grantor's interest in
land.
J. "Selection Committee" means the committee formed pursuant to Section .050 of
this Chapter to advise the City Council in the selection of Eligible Lands for purchase of
Development Rights.
K. "Value of Development Rights" means the difference between the fair market
value of Full Ownership of the land (excluding the buildings thereon) and the fair market value
of the Agricultural Rights to the land.
030. Authorization.
A. The City is authorized to acquire the entire Development Rights for any Farmland
and Open Space Land described and prioritized in Section .040 of this Chapter. Such acquisition
may be accomplished by purchase, gift, grant, bequest, devise, covenant or contract, but only
at a price which is equal to or less than the appraised value as determined in this Chapter.
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Funds shall be used to acquire such property interests only upon application of the Owner and
in a strictly voluntary manner.
B. If the Owner so elects, the Administrator is authorized to pay the purchase price
in a lump-sum single payment at time of closing, or to enter into contracts for installment
payments against the purchase price.
C. The Administrator is further authorized to contract with other governmental
agencies or non-profit corporations as defined by RCW 84.34.250 to participate jointly in the
acquisition of Development Rights in Eligible Lands on such terms as shall be approved by the
City Council consistent with the purposes and procedures of this Chapter.
D. If the City passes an ordinance authorizing the transfer of development rights, any
Development Rights acquired under this Chapter shall be available for transfer pursuant to the
provisions of such ordinance.
.040 Priority of Acquisition. Development Rights shall be purchased in sequential
order of the priorities listed below:
A. Farmlands that the Owner must sell because of the Owner's age or infirmity or
because of economic pressure.
B. Other Farmlands.
C. Open Space Land.
.050 Criteria for Selection within Same Priority. If funds are not adequate in any
Selection Round to purchase all Eligible Lands of equal priority for which valid offers have been
received by the City, the following criteria shall be considered in determining which offers to
accept within a priority group:
A,
appraisal.
An offer which is below appraisal shall be favored over an offer which is at
B. Agricultural Land as defined in Section 16.20,020 of this Code shall be favored
over other Eligible Lands.
Other criteria may also be considered. The weight to be given to each criterion shall be
determined finally by the City Council for each parcel of property and such good faith
determination shall be conclusive.
.060 Selection Committee.
A. A seven member Selection Committee shall be appointed within 90 days following
the effective date of this Chapter. The Selection Committee shall advise the City Council in the
selection of Eligible Lands offered for acquisition by their owners. Members shall be nominated
by the Mayor and approved by the City Council.
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B. The Selection Committee shall consist of two members, one who shall have at
least five years experience in the operation and management of commercial farms, and one who
shall have farmed on Balnbridge Island for at least ten years prior to the date of appointment;
two members, each of whom shall have at least five years experience in the management of
either a construction or land development or real estate business; and three members who shall
be lay citizens. The Selection Committee shall have at least one member from each ward of the
City.
C. Members shall serve three year terms, except that the initial term of three
members shall be two years and of four members shall be three years. They may be removed
by the City Council only for good cause shown and may be reappointed to successive terms.
They shall not be compensated for their services, but shall be reimbursed for expenses actually
incurred in the performance of their duties.
.070 Selection Process. Within six months of the appointment of the original Selection
Committee, and continuing annually or at other intervals as determined by motion of the City
Council, the Administrator shall conduct a voluntary property selection process ("Selection
Round") as follows:
A. In the first Selection Round, all properties in the first priority shall be eligible for
purchase; if no properties in the first priority are available for purchase, properties in the
second priority shall be eligible for purchase; and if no properties in the second priority are
available for purchase, properties in the third priority shall be eligible for purchase. In
subsequent Selection Rounds, all properties in any priority shall be eligible for purchase. In all
Selection Rounds, properties of a higher priority shall be purchased with available funds before
properties of a lower priority.
B. The Administrator shall begin each Selection Round by giving notice in one
newspaper of general circulation in the City. The notice shall describe the properties eligible
for purchase in that Selection Round and the procedure to be followed in the selection process,
including an estimated time schedule for the steps in the process, and shall invite the Owners
of such properties to submit applications.
C. Upon closing of the application period, the Administrator shall review each
application to determine the eligibility and priority classification of each property interest and
verify ownership by title search.
D. For those applications which meet the requirements of Subsection (C) above, the
Administrator shall select an M.A.I. appraiser to prepare an appraisal of the Value of
Development Rights, which shall consist of an appraisal of the fair market value of Full
Ownership of the land (excluding buildings thereon), and an appraisal of the fair market value
of Agricultural Rights only.
E. Appraisals shall be in writing and shall be furnished to the respective Owners for
review. The City or the Owners may bring alleged errors of fact in any appraisal to the
attention of the appraiser, who may correct the appraisal. If an Owner disagrees with the
appraisal, the Owner may, within the time allowed on the selection schedule, request the
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preparation of another appraisal at the Owner's expense. The Selection Committee shall appoint
the review appraiser or appraisers in the same manner as the original appraiser or appraisers
were appointed by the Administrator. The final appraisal shall be the average of the original
appraisal and the additional appraisal.
F. The Administrator may discuss terms and conditions of sale and information on
the effect of the sale with Owners prior to the submission of written offers.
G. Sealed, firm written offers by all applicants shall be submitted on forms provided
by the City. The offers shall be opened by the Administrator on a day certain.
H. The Administrator shall review all offers and make recommendations to the
Selection Committee. The Selection Committee shall review all offers and the recommendations
of the Administrator and make recommendations to the City Council. Upon receiving the
recommendations of the Selection Committee, the City Council shall take final action on the
recommendations.
.080 Duration and Effect of Acquired Interests. Except as provided otherwise in any
transfer of development rights ordinance, (1)development rights acquired pursuant to this
Chapter shall be held in trust by the City for the benefit of its citizens in perpetuity and (2) no
changes in land use or development ordinances of the City shall affect or modify the
Development Rights acquired under this Chapter. Except as found necessary by the City
Council to convey public road and utility easements, the City shall not sell, lease or convey any
interest in land which it shall acquire under this Chapter.
.090 Records. The City Clerk is authorized and directed to keep a separate system of
records for documents relating to Development Rights.
.100 Related Costs. The costs of appraisal, engineering, surveying, planning, financial,
legal and other services lawfully incurred in acquiring Eligible Lands shall be paid from the
funds authorized to carry out this Chapter, unless provided otherwise by the City Council.
.110 Supplemental Funds. Supplemental or matching funds from other Governmental
Agencies or private sources may become available to pay all or a portion of the cost of acquiring
Development Rights. The Administrator is authorized to utilize those funds to purchase
Development Rights in Eligible Lands or to supplement the funds authorized to carry out this
Chapter, in the manner provided by this Chapter and in accordance with the applicable laws or
terms governing the grant.
.120 City Purpose. The City Council finds and declares that the use of City funds to
pay the acquisition and related costs of acquiring Development Rights in Eligible Lands, or of
participating with other Government Agencies in the acquisition of such Development Rights,
will promote the health, welfare, benefit and safety of the people of the City and is a capital
purpose.
.130 Farmland and Open Space Acquisition Fund. Any funds for carrying out this
Chapter shall be deposited in a Farmland and Open Space Acquisition Fund to be created by
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subsequent ordinance in the office of the City's Director of Finance and shall be used for
purposes that are consistent with this Chapter.
.140 Appropriation of Funds. Until initial funds for carrying out this Chapter have
been appropriated by subsequent ordinance, or except as authorized by the City Council, no
funds shall be expended under this Chapter and the Administrator shall only be authorized to
conduct Selection Rounds through the submittal of applications.
Section 2. This ordinance shall take effect and be in force five days from and after its
passage, approval, publication, and posting as required by law.
PASSED by the City Council this 18tlay of June, 1992.
APPROVED by the Mayor this 18tl~tay of June, 1992.
SAM .,J.. iSRANATO, Mayor
ATTEST/AU.THENTICATE:
Ralph W. Eells, City Clerk
APPROVED AS TO FORM:
Rod P. Kaseguma, City Attorney
FILED WITH THE CITY CLERK 6 - 12 - 9 2
PASSED BY THE CITY COUNCIL: 6-18-92
PUBLISHED: 6 - 2 3 - 92
POSTED: 6 - 2 3 - 92
EFFECTIVE DATE: 6 - 2 8 - 92
ORDINANCE NO.: 9 2 - 14
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