2026-9-14 CDS_SS_BRIEFINGS - Laserfiche WebLink

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• Washington's vesting statute provides that a complete preliminary plat or short-plat application is considered under the subdivision, zoning, and other land-use-control ordinances in effect when the complete application is submitted. • KCC 17.13.030(2) addresses receiving-site development proposals that vest. It does not provide that the receiving site vests at the time the TDR certificate is created. • The code in effect at the time a complete receiving-site application is submitted is the code that governs that application. • When a receiving-site application is received, the sending-site transaction has already occurred. That history is important in establishing the validity and quantity of the TDR credits. Those credits do not fluctuate with later code changes. • An older certificate does not carry the older code with it. It carries the TDR credit. When the holder of that certificate submits an application for a receiving site, that is a new application/project that will vest to the code in effect at the time of the completed application. B. Takings Exposure and Transition Issues if the Program Is Repealed Legal review: • Repealing or substantially changing the TDR program could create a takings or other legal claims or exposure if the action destroys or substantially impairs the value associated with outstanding certificates. • The nature and degree of that exposure may be mitigated by adopting a"legacy certificate" provision that provides a mechanism for using such certificates. The County could amend or implement code changes to govern the future use of outstanding certificates. 4. Relationship to Work Plan Options If the Board selects either option presented, outstanding certificates should be specifically addressed as part of the legislative action. The Board may consider transitional or"legacy certificate"provisions to address the use or value of previously issued certificates and reduce potential legal exposure. The appropriate mechanism should be determined based upon the legal status of the outstanding certificates, applicable TDR documents, and the regulatory changes ultimately adopted.