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Exhibit E : Amendment 16-05 KCC Chapter 17.13 To Not Require Transferable Development Rights Credits on Developments Providing Affordable Housing 17.13.080 TOR Transfer Process. 1. TDR transaction transferring density credits from within unincorporated Kittitas County to within an incorporated city shall be reviewed and transferred using the city's development application review process . The transfer shall be subject to a TDR agreement between Kittitas County and the city. The County and any city located within the County may also establish by agreement general procedures for facilitating and completing TDR transactions transferring density credits from unincorporated Kittitas County to any such city. 2. Density credits shall be required for approved amendments to the Comprehensive Plan associated with receiving sites detailed in KCC 17.13 .030 1.a thru 1.h. Applications may be submitted without the purchase of density credits, but no final plat approval or other permits, if no land division is involved, for development associated with a TDR requirement shall be issued until the density credit requirement is satisfied . a. The tender of density credits is not a precondition for any amendment to the Comprehensive Plan , Zoning Map or proposed development to be approved . The density credits are required before the County issues final plat approval or permits, if no land division is involved, for any development of the additional units in the Comprehensive Plan amendment. The developer must submit the density credits when applying for the permit. b. The ordinance granting each Comprehensive Plan Amendment shall condition the approval upon the applicant's compliance with the requirement of development credits. 3. The required density credits may be acquired by: a. Purchasing density credits from certified sending sites ; b. Transferring density credits from certified sending sites owned by a receiving site owner; or c. Purchasing previously purchased, unexecuted TDR credits from another buyer. 4. All development using density credits must be in accordance with all other applicable laws and regulations. 5. The County may waive or modify the density credit requirements if it is determined by the Prosecuting Attorney that strict application of the requirement in a specific situation would result in an unconstitutional taking of property or a violation of the property owner's right to substantive due process. Modifications made under this provision shall be 2016 Docket Enabling Ordinance Ord. # 2016·023 Page 82 December 6, 2016