(1) Location within a sending area required. The sending site must be located within a designated sending area. However, the sending site need not include all land owned by the applicant within the sending area provided that all requirements of this section are met.

(2) Sending site must follow established lot lines. The boundaries of a sending site must follow established lot lines and cannot include less than the entire portion of a lot, as defined in Title 30 SCC.

(3) Inclusion of substandard lots required. A sending site must include any lots that have substandard area under current zoning where such lots are adjacent to and contiguous with land included within the sending site and are owned by the sending site landowner.

(4) Private ownership required. The sending site must be owned by a private individual or entity, and may not be owned by municipal corporations, special purpose districts, or government bodies.

(5) Minimum size. The sending site must include at least five contiguous acres of land.

(6) Code compliance required. If the sending site is the subject of code enforcement action by the county, the person responsible upon whom a notice for a violation has been served pursuant to chapter 30.85 SCC must resolve these violations, including any required abatement, restoration, or payment of civil penalties, before development rights for the sending site may be certified or transferred by a sending site landowner.

(7) Forest practices compliance required. For lots on which the entire lot or a portion of the lot has been cleared or graded pursuant to a Class II, III or IV special forest practices permit as defined by RCW 76.09.050 within the six years prior to application for certification or transfer of development rights, the applicant must provide an affidavit of compliance with the reforestation requirements of RCW 76.09.070, WAC 222-34-010 and any additional reforestation conditions of their forest practice permit. Lots that are subject to a six-year moratorium on development applications pursuant to RCW 76.09.060 shall not be qualified as TDR sending sites until such moratoria have expired or been lifted. (Added by Amended Ord. 04-123, Dec. 15, 2004, Eff date Mar. 15, 2005; Amended by Amended Ord. 08-062, Oct. 1, 2008, Eff date Nov. 1, 2008; Amended by Amended Ord. 13-064, Sept. 4, 2013, Eff date Oct. 19, 2013).