(1) Providing an incentive for private property owners to protect open space, environmentally sensitive areas, park sites, historic sites, rural and resource areas beyond the minimum requirements of the code;

(2) Using the community planning process as one mechanism for involving the City of Covington residents, landowners, cities and other public agencies in designating appropriate sending and receiving areas; and

(3) Providing a review system to ensure that transfers of residential density credits to receiving sites are balanced with other City goals and policies, and are adjusted to the specific conditions of each receiving site. (Ord. 42-02 § 2 (21A.36.010))

(1) Sending sites shall be maintained in a natural state, except for agricultural lands, proposed park or trail sites suitable for active recreation, shoreline access areas or historic sites.

(2) Sending sites must contain one or more of the following features, as defined in the comprehensive plan, open space plan, other functional plan or a community plan:

(3) Sending sites shall have zoning consistent with the comprehensive plan map designation.

(4) A community plan may develop policies that set priorities for protection of the types of features to be preserved at sending areas. (Ord. 42-02 § 2 (21A.36.030))

(1) Receiving sites shall be zoned R-4 through R-18, NC, CC, or DN, or any combination thereof, and may be designated by community, neighborhood or subarea plan policies as appropriate for the transfer of residential density credits before being eligible to participate in a TDC.

(2) Except as provided in this chapter, development of a receiving site shall remain subject to all use, lot coverage, height, setback and other requirements of its zone.

(3) A receiving site may accept density credits, up to the maximum density permitted pursuant to Chapter 18.30 CMC, from any sending site or combination of sending sites unless a community, neighborhood or subarea plan adopts specific policies to allow only transfers from within the same community planning area or within a distance outside of the planning area as specified by the community plan. (Ord. 10-10 § 3 (Exh. C); Ord. 42-02 § 2 (21A.36.040))

(1) The number of density credits that a sending site is eligible to send to a receiving site shall be determined by applying the base density of the zone the sending site is located in to the total sending site area, less any portion of the sending site already in a conservation easement or other encumbrance, or any land area already used to calculate residential density for other development. A plot plan showing environmentally sensitive areas and buffers, conservation easements or other encumbrances shall be submitted as part of the development application to demonstrate compliance with the density calculation rules set forth in Chapter 18.30 CMC.

(2) Sending sites with environmentally sensitive areas that have been declared unbuildable under Chapter 18.30 CMC shall be considered to have a base density calculated in accordance with that chapter, except that the areas of the sending and receiving sites shall be combined to calculate the overall site percentage of sensitive areas and buffers necessary for determining the allowable density credit as set forth in Chapter 18.65 CMC.

(3) Density credits from one sending site may be allocated to more than one receiving site. The credit from each segment shall be allocated to a specified receiving site.

(4) When the sending site consists only of a portion(s) of an unsubdivided parcel, said portion(s) shall be segregated from the remainder of the lot pursuant to CMC Title 17 or deed restrictions documenting the density credit transfers shall be recorded with the title to both the sending and receiving site. A parcel need not segregate a sending site from the remainder of the parcel when the entire parcel is subject to a conservation easement pursuant to subsection (5) of this section.

(5) Conservation easements shall be required for land contained in the sending site, whether or not such land is dedicated, as follows:

(6) Upon submitting an application to develop a receiving site under the provisions of this chapter, the applicant shall provide evidence of ownership or full legal control of all sending sites proposed to be used in calculating total density on the receiving site. It shall be the applicant’s responsibility, prior to application, to ascertain what form of permanent protection of the sending site will be acceptable to the City of Covington.

(7) Density credits from a sending site shall be considered transferred to a receiving site when the sending site is permanently protected by a completed and recorded land dedication or conservation easement.

(8) TDC developments shall comply with dimensional standards of the zone with a base density most closely comparable to the total approved density of the TDC development. (Ord. 42-02 § 2 (21A.36.050))

(1) For the purpose of this section, a primary proposal is defined as a proposed subdivision, conditional use permit, or commercial building permit.

(2) When the primary proposal requires a public hearing under this title or CMC Title 17, that public hearing shall also serve as the hearing on the TDC proposal, and the reviewing authority shall make a consolidated decision on the proposed development and use of TDC.

(3) When the primary proposal does not require a public hearing under this title or CMC Title 17, that TDC proposal shall be subject to the decision criteria for conditional use permits outlined in Chapter 18.125 CMC and to the procedures set forth for the Director in Chapter 14.30 CMC. (Ord. 10-10 § 3 (Exh. C); Ord. 42-02 § 2 (21A.36.060))