2023 Docket Enabling Ordinance - Laserfiche WebLink

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2023 Docket Enabling Ordinance December 19, 2023 Page 212 b. A TDR Density Credit certificate letter of intent shall be valid for a period of five (5) years from the date of issuance. If a TDR certificate letter of intent has not been converted to a serially numbered TDR certificate within a period of five (5) years from the date of issuance, then the landowner must reapply to CDS to determine whether the property is eligible to be considered a sending site. c. As provided by the TDR certificate letter of intent, the County shall issue serially numbered TDR certificates to the sending site owner upon approval of a TDR Easement; provided, however, that the County shall have twenty-eight (28) days from the date the TDR Easement is offered by the sending site owner in which to conduct, at its discretion, a review of the sending site permit file and/or a site inspection. d. A TDR Easement will not encumber a sending site until such time as a TDR certificate or certificates have been issued. (Ord. 2017-001, 2017; Ord. 2013-001, 2013; Ord. 2010-006, 2010; Ord. 2009-25, 2009) 17.13.080 TDR Transfer Process. 1. TDR transaction transferring TDR 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 TDR Density Credits from unincorporated Kittitas County to any such city. 2. The requested TDR 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. 3. All a using TDR Density Credits must be in accordance with all other applicable laws and regulations. 4. The County may waive or modify the TDR 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 no greater than necessary to avoid the taking or substantive due process violation. The County shall provide written documentation supporting each application of the provision. 5. For receiving sites listed in KCC 17.13.030, the exchange rate shall be as follows: Receiving Sites Exchange Rate Urban Growth Areas 1 TDR Credit = 3 Additional Units Planned Unit 1 TDR Credit