§ 30-725. Purpose; intent; short title.

(a)

National literature on the subject of transfer of development rights ("TDR") (specifically American Planning Association PAS Report No. 401, page 4) recognizes that a workable TDR program must include:

(1)

Sufficient restrictions on sending areas to give rise to TDR sales/transfers;

(2)

Designation of receiving sites with infrastructure capability and sufficient development demand to make additional density increases attractive to developers;

(3)

Recognition of the economic and financial conditions that underpin a TDR market and determine the value of TDR to both sellers and buyers;

(4)

A TDR program design that is simple and understandable and that does not require complex approvals;

(5)

Commitment to an educational effort to inform landowners, developers, realtors, bankers/financiers, and attorneys about the program.

(b)

In the county, it is the county's intent to develop through this division a program through which TDR will be utilized to preserve greenbelts within each village in a designated village land use classification.

(c)

TDR will be utilized to ensure that each neighborhood within a village is built at sufficient density to support and make viable:

(1)

The elementary school, which is the focal point/center of the community;

(2)

Investment in capital improvements within the village;

(3)

The avoidance of urban sprawl by creating a compact development pattern to enhance pedestrian and transit feasibility.

(d)

It must be noted that TDR is not the sole means but is one (1) option applicable to the preservation of greenbelt and other important natural and agricultural areas.

(e)

This division may be cited as the "Transfer of Development Rights Ordinance" or "TDR Ordinance."

(Ord. No. 97-10, § 1, 5-20-97; Ord. No. 2014-05 , § 1, 2-11-14)