TRANSFER DEVELOPMENT RIGHTS
Sections:
20.500.010 Eligibility.
20.500.020 Procedure.
20.500.010 Eligibility.
A. Real property situated in the A-19 and FR-19 districts may transfer development rights to real property situated in
designated receiving areas, as shown in the 1996 master plan, as amended.
B.
The owner of real property in a sending area
may not sell, transfer or convey more development
rights than the parcel is permitted under the
1996 master plan, as amended plus bonuses as
provided in this chapter.
C. In
the A-19 zoning district, no development rights
can be transferred, nor can a certificate of
eligibility be issued, unless the owner of the
real property permanently restricts all appurtenant
surface and groundwater irrigation rights against
transfer from the sending parcel.
D.
The owner of real property in a receiving area
may not transfer more development rights to a
parcel than the density provided by the base
zoning district, an approved planned development
or an approved specific plan for the parcel.
E.
Transfer of development rights from parcels zoned
A-19 are eligible for bonuses using the following
calculations:
1. The
bonus for the transfer of development rights
for each 19-acres shall be 9 units. These bonus
units are conferred, and can only be used for
transfer. They cannot be used on the sending
parcel for any other purpose.
2. A
bonus of 7 units per 19-acres shall be provided
for each sending parcel for which at least 50%
of the 19 acres is located within the designated
FEMA 100-year floodplain.
3. A
bonus of 7 units per 19-acres shall be provided
when transfer of all of the appurtenant surface
and groundwater irrigation rights from the parcel
is restricted. T he restriction against the
transfer may provide for substitution of water
rights of equivalent volume and equal or senior
priority, on approval by the Board at the time
of substitution.
4. A
bonus of 20 units for every 100 acres shall be
provided for each sending parcel when the parcel
of contiguous parcels are a minimum of 100 acres
in area.
5. The
board in its discretion may grant additional
bonuses not to exceed one unit per 19 acres for
dedication of improved and permanent public access
easements or easements to rivers, streams, public
lands or significant historical resources. These
bonus units are conferred, and can only be used,
upon transfer of all development rights from
the sending parcel. It cannot be used on the
sending parcel for any other purpose.
6. Minimum
parcel size for participation in the TDR program
is 40 contiguous acres. Calculations for bonuses
on parcels grater than 40 acres shall be on a
prorated basis with all bonus calculations rounded
to the nearest whole number. Individual parcels
may be considered together for the purpose of
calculating bonuses.
7. Any
existing or remaining residential unit or commercial
development on the sending parcel shall require
a minimum of 40 acres, which shall not be eligible
for transfer or bonuses. The parent parcel or
group of parcels will be reduced by 40 acres
before calculating units available for transfer
and bonuses.
F. Transfer
of development rights from parcels in the FR-19
district are eligible for bonuses using the following
calculations. These bonus units are conferred,
and can only be used, upon transfer of all development
rights form the sending parcel. They cannot
be used on the sending parcel for any other purpose.
1. The
bonus for the transfer of development rights
from each 19-acres, of which at least 50% of
the 19 acres is located within the designated
FEMA 100-7ear floodplain, shall be one unit.
2.
The board in its discretion may grant additional
bonuses not to exceed one per unit per 19 acres
for dedication of improved and permanent public
access easements or easements to rivers, streams,
public lands or significant historical resources. These
bonus units are conferred, and can only be used,
upon transfer of all development rights form
the sending parcel. It cannot be used on the
sending parcel for any other purpose.
3.
A bonus of one unit for every 100 acres shall
be provided for each sending parcel when the
parcel or contiguous parcels are a minimum of
100 acres in area.
4. Minimum
parcel size for participation in the TDR program
is 40 contiguous acres. Calculations for bonuses
on parcels greater than 40 acres shall be on
a prorated basis with all bonus calculations
rounded to the nearest whole number. Individual
parcels may be considered together for the pruose
of calculating bonuses.
5. Lands
owned or held in trust by the United States or
its agencies are not eligible to participate
in this program.
G. Bonuses
are conferred only upon transfer of the development
rights from a parcel of real property. Partial
transfers may occur only from parcels in excess
of 40 acres in area. For a parcel in excess
of 40 acres, if the owner transfers less than
all of the development rights to which the parcel
is entitled, the owner shall designate the portion
of the parcel from which the development right
or rights are being transferred, and a description
of the portion will be included in the open space
easement or deed restriction required by section
20.500.020. A parcel of real property from which
a partial transfer of development rights has
been made is not eligible for land division under
chapter 20.704 which will result in parcels less
than 40 acres in size. (Ord. 968, 2001; Ord.
763, 1996) 
20.500.020 Procedure.
A.
To transfer or acquire development rights under
this chapter, a person shall apply to the community
development department for a certificate that
the parcel in question is eligible for such transfer
or acquisition. The application and certificate
shall be on a form prepared by the community
development department, and shall include a legal
description of the parcel or parcels and a current
title report. Documentation to establish eligibility
for all bonuses must be provided with the application. If
the transferor applies for density bonus related
to the restriction against transfer of water
rights, then evidence of the appurtenant surface
water rights under the Alpine Decree or state
permit(s) for other irrigation water rights shall
be provided with the application. If the transferor
applies for bonuses related to flood plain preservation,
a detailed map showing the property and the floodplain
preservation, a detailed map showing the property
and the floodplain boundary along with the calculations
showing percentage and acreage of the sending
parcel(s) in the floodplain must be provided. If
the transferor applies for bonuses related tot
he 100-acre minimum parcel area, a detailed map
showing the property or properties and there
respective parcel sizes must be provided.
B.
In order for the certificate to be issued, the
owner must record a deed restriction or grant
a perpetual open space easement to the county,
a local governmental agency approved by the board,
or a non-profit conservation entity, the form
of which shall be subject to the approval of
the county and presented with the application
for the certificate. The open space easement
or deed restriction shall contain words sufficient
to restrict transfer of appurtenant surface or
other irrigation water rights as required herein.
C.
If the director finds that the application is
complete and the open space easement or deed
restriction is in proper form and has been recorded,
then a certificate will be issued to the owner.
D.
Upon execution and delivery of the instruments
of transfer, the transferee shall record the
same, together with the certificate, in the office
of the county recorder. The transferee will
also file duplicates of the recorded instruments
and certificate with the community development
department. No transfer shall be effective until
and unless the conveyances, the certificate and
the open space easement or deed restriction are
recorded in the office of the county recorder
and copies of the recorded instruments filed
with the community development department, as
provided herein.
E.
The community development department and the
county recorder will keep records of issued certificates,
the transfers and easements or deed restrictions,
which shall be available for public inspection
during normal working hours. Use of the index
and files kept by the community development department
shall be limited to determination of eligibility
for transfer or acquisition; the official records
of any such transfers shall be in the office
of the county recorder.
F.
Douglas County does not insure title or ownership
of development rights, nor does it prepare the
conveyances or instruments to effect the transfer.
(Ord. 968, 2001; Ord. 801, 1997; Ord. 763, 1996)
