(1) Application to a TDR receiving site. TDR certificates shall be considered applied to a receiving site when a final decision has been made approving the receiving site development activity for which the TDR certificates are provided.

(2) Effect of applying TDR certificates to a receiving site. TDR certificates that have been applied to a receiving site pursuant to subsection (1) of this section shall be considered void by the county and may not be applied to receiving sites pursuant to this chapter; provided, however, that if a decision approving a receiving site development activity is appealed, the TDR certificates provided in connection with that approval shall not be considered void under this section unless the decision approving the development activity is affirmed following the exhaustion of all administrative and judicial appeals.

(3) TDR extinguishment document required. Upon application to a receiving site pursuant to subsection (1) of this section, the applicant receiving approval of a receiving site development activity shall provide a TDR extinguishment document to the department, if the receiving site is within unincorporated Snohomish County, or to the department and to the city, if the receiving site is in a city. The TDR extinguishment document shall be on a form provided by the department and shall include the serial number of each TDR certificate that has been applied to a receiving site and the legal description of the receiving site to which the certificate(s) have been applied. Extinguishment shall apply to an entire TDR certificate.

(4) Application to sites in cities. Cities that create receiving areas and accept certified development rights from sending areas in unincorporated Snohomish County may adopt additional regulations and procedures for application of certified development rights to receiving sites within their jurisdiction.

(5) The department shall establish and maintain an internal tracking system that identifies all certified transfer of development rights from sending sites in unincorporated Snohomish County to all receiving sites.

(6) Every year, the department shall notify receiving cities and towns of the estimated number of development rights credits remaining in designated sending areas as required by WAC 365-198-050(1)(b). (Added by Amended Ord. 06-046, July 19, 2006, Eff date Aug. 5, 2006; Amended by Amended Ord. 13-064, Sept. 4, 2013, Eff date Oct. 19, 2013).