§ 30-726. Implementation.

(a)

Specific Area Plan (SAP).

(1)

The village land use classification requires that a SAP be adopted prior to implementation of the provisions of this division.

(2)

Detailed village boundaries are established through the applicable SAP. The SAP will generally designate, but is not limited to, the following:

a.

Sending areas (designated Upland Greenbelts, as defined hereinbelow, and wetlands);

b.

Receiving areas (designated uplands and developable/neighborhoods and districts);

c.

Overall density for the village;

d.

Open space.

(3)

The SAP sets parameters of potential sending/receiving areas but is not a detailed construction/development plan.

(4)

Planned Development/Land Use Plans (PD/LUPs) or Planned Development/Unified Neighborhood Plans (PD/UNPs) within the SAP shall depict conceptual locations for density transfer, if needed.

(b)

Transferring density.

(1)

Density may only be transferred within the boundaries of one (1) village as established by and in conformance with the SAP applicable in that particular village.

(2)

Onsite (internal) density transfers: Through the PD approval or amendment process, and without the use of TDR, onsite (internal) density transfers may be accomplished on properties within the same PD only. However, the resulting density for any affected PD district or parcel shall not fluctuate beyond the maximum average increase or reduction as otherwise allowed by this section, and shall promote the village planning principle of having higher density/intensity land uses within or in close proximity to the village center and neighborhood center districts.

(3)

Transfer of development rights:

a.

This division provides the mechanism by which appropriate densities within the SAP will be maintained when property is in multiple ownership and will provide the mechanism by which density on individual parcels may be increased or decreased. Sending areas will be established and implemented by the recording of conservation/agricultural/development rights easements, or other instrument(s) acceptable to the county. Receiving and sending areas will include a listing of transferred density not to be retransferred, via title or deed restrictions. Receiving areas will be established to provide areas in which TDR credits may be placed. TDR credits shall be obtained if increased density and/or intensity, beyond what is allowed or required by the SAP, are sought within any PD parcel.

b.

TDR value will be assigned to all designated Upland Greenbelts and preserved wetlands in a village as follows:

Lakeside Village:

1.

Upland Greenbelts — eleven (11) dwelling units (DU) acre.

2.

Wetlands — one (1) DU/three and one half (3.5) acres.

Village of Bridgewater:

1.

Upland Greenbelts — seventeen and one-tenth (17.1) dwelling units (DU)/acre.

2.

Wetlands — one (1) DU/two and nine-tenths (2.9) acres.

Village F:

1.

Upland Greenbelts — seventeen and one-tenth (17.1) dwelling units (DU)/acre.

2.

Wetlands — one (1) DU/two and nine-tenths (2.9) acres.

Village H:

1.

Upland Greenbelts — twenty-five and five-tenths (25.5) dwelling units (DU)/acre.

2.

Wetlands — one (1) DU/two and nine-tenths (2.9) acres.

Village I:

1.

Upland Greenbelts — thirty-eight and nine-tenths (38.9) dwelling units (DU)/acre.

2.

Wetlands — one (1) DU/two and nine-tenths (2.9) acres.

Town Center:

1.

Upland Greenbelts — seventeen and one-tenth (17.1) dwelling units (DU)/acre.

2.

Wetlands — one (1) DU/two and nine-tenths (2.9) acres.

NOTE: The assigned TDR value is for TDR implementation only. TDR value does not affect future land use map (FLUM) density established by the Comprehensive Plan and TDR value does not give an independent or vested right to build:

1.

In wetlands;

2.

In sending areas;

3.

Any structure or have any use that is out of compliance with the SAP; or

4.

Prior to rezoning to PD district.

(c)

Sending areas.

(1)

Sending areas are areas to be preserved as Upland Greenbelts or conservation areas (wetlands) designated for preservation in the SAP. Upland Greenbelts are those areas around the perimeter of the village established to provide a unique sense of space within the village and those areas within a village to provide, preserve, establish, and enhance natural green space and wildlife corridors.

(2)

Sending areas for TDR purposes have the assigned TDR value as follows:

Lakeside Village:

a.

Upland Greenbelts — eleven (11) DU/acre;

b.

Wetlands — one (1) DU/three and one-half (3½) acres;

Village of Bridgewater:

a.

Upland Greenbelts — seventeen and one-tenth (17.1) DU/net developable acre;

b.

Wetlands — one (1) DU/two and nine-tenths (2.9) acre;

Village F:

a.

Upland Greenbelts — seventeen and one-tenth (17.1) DU/net developable acre;

b.

Wetlands — one (1) DU/two and nine-tenths (2.9) acre;

Village H:

a.

Upland Greenbelts — twenty-five and five-tenths (25.5) DU/net developable acre;

b.

Wetlands — one (1) DU/two and nine-tenths (2.9) acre;

Village I:

a.

Upland Greenbelts — thirty-eight and nine-tenths (38.9) DU/net developable acre;

b.

Wetlands — one (1) DU/two and nine-tenths (2.9) acre; and

Town Center:

a.

Upland Greenbelts — five and eight-tenths (5.8) DU/net developable acre; and eight thousand seven hundred (8,700) square feet of non-residential per net acre;

b.

Wetlands — one (1) DU/three and three-tenths (3.3) acre.

(3)

The sending areas will be preserved through the recording of the appropriate easement or other instrument acceptable to the county, e.g.:

a.

Conservation easements, F.S. § 704.06;

b.

Agricultural use easements;

c.

Development right easements;

d.

Restrictive covenant.

(4)

Sending areas are generally designated by the SAP and finally determined and established by the PD/LUP or PD/UNP. Any further changes to designated sending areas identified during the Preliminary Subdivision Plan (PSP) or Development Plan (DP) process, shall also be reflected and tracked through an amended PD/LUP or PD/UNP.

(d)

Receiving areas.

(1)

Receiving areas are areas to be developed at an overall minimum average density throughout the village as is designated in the applicable SAP. Specifically, receiving areas are tiered to allow different ranges of density in accordance with the neighborhood function as designated on the SAP. The base density of each receiving area shall be consistent with the base density of the underlying SAP designation. Base densities shall range from one (1) to twenty-five (25) DU/net developable acre.

(2)

Each acre of receiving area must propose the conceptual density transfer at PD submittal, acquire any necessary TDR credits prior to PD approval and/or amendment, and provide a document submittal to establish the ability to develop over or below the base density assigned to the property.

(3)

Receiving areas are generally designated by the SAP and finally determined and established by the PD/LUP or PD/UNP. Any further changes to designated receiving areas identified during the Development Plan (DP) process shall also be reflected on an amended PD/LUP or PD/UNP.

(Ord. No. 97-10, § 1, 5-20-97; Ord. No. 99-10, 3, 3-23-99; Ord. No. 2014-05 , § 1, 2-11-14)