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2023 Docket Enabling Ordinance December 19, 2023 Page 211 3. 3. No parcel with the project boundary shall be reduced in size below one-half acre except in a Planned Unit Development as provided for in KCC 17.36 or within a City, UGA or LAMIRD. 4. 4. TDR Density Credits may be used to increase density in the following county actions; Boundary Line Adjustments, Long Plats, Planned Unit Developments, Short Plats and Cluster Plats. 17.13.060 TDR Documentation of Restrictions. 1. Upon issuance of TDR Density Credit certificates, deed restrictions in the form of a TDR Easement as defined herein documenting the development rights conveyance shall be recorded by the County and notice placed on the title of the sending parcel. The County shall establish and maintain an internal tracking system that identifies all certified transfers. 2. A TDR easement permanently encumbers a sending site, excepting extraordinary circumstances and a determination of public benefit. The associated process for opting out of a TDR easement for those qualifying shall include a finding by the Board of the following: a. Demonstration of a hardship beyond the land owner's control; and b. Purchase equivalent transfers of development rights; and c. Adoption of a resolution by the Board finding that there is an equivalent or better public benefit to exchange the previously held easement for the easement described above in KCC 17.13.060(3)(b). d. (Ord. 2017-001, 2017; Ord. 2013-001,2013; Ord. 2010-006, 2010; Ord. 2010-02, 2010; Ord. 2009-25, 2009) 17.13.070 TDR Sending Site Certification. 1. The Director or designee shall be responsible for determining whether properties are eligible to be considered a sending site. The Director or designee shall base his/her decision on the materials provided by the landowner in a TDR sending site application and a satisfaction of the sending site requirements outlined in KCC 17.13.020. 2. Responsibility for preparing a completed sending site application rests exclusively with the applicant. 3. Following the Director's review and approval of a properly filed sending site application, the County shall issue a TDR Density Credit certificate in conversion for the proposed sending site TDR easement. 4. Sending site landowners may obtain TDR Density Credit certificates which can be transferred pursuant to KCC 17.13.080 and used by receiving area landowners. The process for obtaining the TDR certificates is as follows: a. Following an application for TDR Density Credit certificates by the sending site owner, the County shall issue a TDR Density Credit certificate letter of intent. The certificate letter of intent shall contain a determination of the number of development rights calculated for the sending site pursuant to KCC 17.13.040 and an agreement by the County to issue a corresponding number of TDR Density Credit certificates in conversion for a sending site TDR Easement. The sending site owner may use the TDR Density Credit certificate letter of intent to market sending site development rights to potential purchasers..