Is land in the Commercial Agriculture, Ag-20, Ag-5, Forest & Range, or R-5 zoning;

Is a minimum of five (5) acres in size;

Is located within the boundary of the Agricultural Production District area shown on the Kittitas County zoning map; and

Includes proof of commercial agricultural income as required for Current Use Agricultural taxation under RCW 84.34.

Is land in Commercial Forest, Forest & Range, Rural Recreation, or R-5 zoning;

Is a minimum of five (5) acres in size;

Is not publicly owned; and

Has a Timber Management Plan that is in compliance with Washington State Department of Revenue's guidelines dated June 2010 or as thereafter amended.

Cities where new growth is or will be encouraged under the Growth Management Act and Countywide Planning Policies.

All city receiving sites shall be designated pursuant to an agreement with the County.

Sites within Urban Growth Areas, with a density greater than six (6) dwelling units (du) per acre, where new growth is or will be encouraged under the Growth Management Act and Countywide Planning Policies.

LAMIRDs.

Unincorporated sites for which a Planned Unit Development (PUD) designation amendment to the zoning map has been requested pursuant to Kittitas County Code, when such amendment results in an increase in density.

Unincorporated sites for which a long plat has been requested increasing the density above the underling zones density within the boundaries of said long plat.

All parcels designated as Rural Land shall be eligible to be a receiving site.

One (1) Unit of Density per existing parcel:

One (1) Unit of Density as allowed by the underlaying zoning:

A combination of both existing density and density allowed within the zone:

Example: An individual owns 26 acres in a Rural 5 zone all qualifying as a sending site. The acreage has been previously divided into four 3-acre parcels and one fourteen-acre parcel. There is an existing home and barn constructed on the fourteen-acre parcel that covers four acres of the fourteen-acre parcel. The Rural 5 zone requires a 5-acre minimum parcel size for a residence and associated out buildings. Therefor the total available TDR Density Credits would be five. This would include the four vacant 3-acre parcels equaling four TDR Density Credits and one TDR Density Credit for the vacant 9-acres of the 14-acre parcel (14-acres less the 5-acre residence = 9 remaining acres and one TDR Density Credit under Rural 5 zoning) equaling 5 parcels available as TDR Density Credits.

Example: An individual owns 26 acres in a Rural 5 zone all qualifying as a sending site. The acreage has been divided into four 3-acre parcels and one fourteen-acre parcel. There is an existing home and barn constructed on one of the 3-acre parcels. The Rural 5 zone requires 5-acres minimum parcel size for a residence and associated out buildings. Therefor the total available TDR Density Credits would be five. This would include the three vacant 3-acre parcels equaling three credits and two TDR Density Credits for the vacant 14-acre parcel.

Example: An individual owns 26 vacant acres in a Rural 5 zone all qualifying as a sending site. The acreage has NOT been divided and remains as one parcel. The owner intends to reserve a building site for a future home. The number of TDR Density Credits available to sell or trade from this parcel would be 4. A Single 26-acre parcel in a Rural 5 zone may be divided into a total of five parcels. One unit has been reserved for future residential development therefore the total available TDR Credits would be four.

For purposes of calculating the number of TDR Density Credits a sending site as described in KCC § 17.13.040 (i) may sell, the area of a sending site shall be determined by:

For purposes of calculating the number of TDR Density Credits a sending site, as described in KCC § 17.13.040 (ii), may qualify for and sell shall be determined by either:

Demonstration of a hardship beyond the land owner's control; and

Purchase equivalent transfers of development rights; and

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).

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.

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.

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.

A TDR easement will not encumber a sending site until such time as a TDR certificate or certificates have been issued.

Purchasing Density Credits from certified sending sites;

Transferring density credits from certified sending sites owned by a receiving site owner; or

Purchasing previously purchased, unexecuted TDR credits from another buyer.