Transfer of density may be possible from properties constrained by environmentally critical areas or of unique size and shape.
To do so, a development proponent may apply to transfer unused density from a site (“sending site”) constrained by critical areas or of unique size or shape to another site (“receiving site”) through a Type 2 land use decision, unless otherwise authorized by KMC 18.77.060(A). A
The number of density credits that a sending site is eligible to send to a receiving site is 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 on the sending site. A plot plan showing critical 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 KMC 18.30.
Density calculations are based on the site area. KMC 18.20.2750 defines “site area” as the total horizonal area of a project site, less areas below the ordinary high water mark.
Sending sites with critical areas that have been declared unbuildable under KMC 18.30 are 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 critical areas and buffers necessary for determining the allowable density credit as set forth in KMC 18.55.
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 KMC Title 17 or deed restrictions documenting the density credit transfers shall be recorded with the title to both the sending and receiving sites. 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 KMC 18.80.090.A.4.
Conservation easements are required for land contained in the sending site, whether or not the land is dedicated. A conservation easement must be recorded on the title of the sending site to indicate development limitations on the sending site.