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Definition

Transfer of development rights is a technique that is used to make less of a development in some areas compared to more development in other areas.[1] This is a program that allows land owners to not own and sell the property as a whole, but simply own and sell the rights. The area that will have less developments is called the sending area and the area that goes through more developments is called the receiving areas. Through this technique of transfer of growth rights that implements different functions of areas, communities are able to benefit the most out of whichever area they live in. The sending areas are usually environmentally sensitive, which include wildlife habitat, historic landmarks, agriculture land, or whatever is important to the community. The receiving areas are usually places that is open to develop because they are in close proximity to workplace, school, shopping center, and urban services.[1]

Purpose

The purpose of TDR is "to facilitate the geographic movement of the right to develop from locations where it is not desired to areas where it is desired." [2] In other words, it is to ensure open space for planning goals without causing financial burdens or restrict needed developments for landowners. If it is well administered, TDR generates cost-effective and efficient developments. It could reduce prospect of litigation over preservation policies and avoid the use of municipal funds to purchase land while helping to ensure preservation goals. Then, the municipality can increase its tax base, but does not have to settle for less preservation than it really wants. [3]

Methods

There are two methods of transferring development rights. One method is when the TDR program allows the landlord to sell the development rights to another person to develop. Then, the developer is able to use those rights to increase density on another piece of property at another location. "After selling the development rights, a landowner still retains title and all other rights to the land. These other permits include farming, forestry, some recreational uses, and other non-intensive uses." [4]

The second method is the government establishing TDR Bank to transfer development rights to people who want to buy it. In this case, people who wish to develop a land will buy the rights from the local government. [5]

For example, there is a land in a "conservation" zoning district that is zoned to permit one dwelling per acre. Through TDR, the rights to develop 20 dwellings on 20 acres could be transferred to another land. The 20 welling units density could be added to the density that is already allowable in a tract in a specific residential zone. In that specific district, a 15 acre parcel would permit 60 dwelling under the quarter-acre zoning. However, with the added development rights from the conservation district, a total of 80 dwellings could be constructed on the parcel in the residential zone. For the conservation district, however, under the most common TDR model, the 20 acres in this district could not be developed at all. Its economic use value would have been realized by sale of the right to develop it. [6]

TDR Success Factors

There are many success factors that the TDR program brings. First, there is a demand for bonus development. This means that in order for the rights to be sold, whoever develops on the land must use the additional density development that is only allowed through the TDR. Second, the receiving areas would be customized to the community. This means that it could be designed in a way that it physically and politically appropriate to the community. Thirds, strict sending-area development regulations will help to keep the environment healthy. Fourth, if there are few or no alternatives to TDR to achieve additional developments, it will automatically encourage developers to pursue the TDR program. [7]

There are some factors that also appear to be helpful such as market incentives that offer transfer ratio and conversion factors that are adjusted to compensate the sending area landowners appropriately, ensuring that developers will be able to use TDR, strong public support for preservation, simplicity, TDR Promotion and Facilitation, and a TDR Bank. [8]


Advantages and Disadvantages

There are couple advantages for TDR. First, it protects value of the land through a free market mechanism. This is an advantage because the value of the land is determined through the rights that are given, and not by regulation that is forcefully implemented by the government. The citizens and landowners are free to do whatever with the land they own. Secondly, it is used as an incentive based program to protect valuable land. This is important because as we need to preserve valuable land rather than developing it on every land we could. [9]

As there are advantages, there are also couple disadvantages. First, it may be too late to implement it successfully nation-wide. Because there are already development lands with different regulation and laws that different parts of America are following. Secondly, to implement TDR in every aspect, it maybe too complex and require a lot of time for every part of the country to use this method. [10]


Effects on Climate-warming Emissions

TDR programs can serve as tools to reduce climate-warming emissions. Land owners sell development rights of their rural or exurban properties, which eradicates the risk of developing that specific piece of land.[11][12] It serves to protect resources that the community wants to preserve, which includes farmland and forests.[12][13] Protecting and preserving certain areas can reduce green house gas (GHG) emissions, but also “local land use and housing patterns can significantly influence climate-warming emissions.”[13] In comparison to those of urban cities, houses in rural areas and low-density suburbs are far from their jobs, stores, and services.[13] In other words, residents of these areas are more sparsely populated in single family homes, and consume more gasoline for transportation, heating, cooling, lighting, and appliances than those living in urban multifamily homes, such as apartments. King county of Washington is a successful example of a significant reduction of GHG emissions through the TDR program. By transferring development from suburban areas to urban neighborhoods, King Country reduced 272 metric tons per single family housing unit over 30 years.[13]

Success

There are couple areas that have been successful in implementing the TDR program. First, it is Pinelands, New Jersey. They adopted a major TDR program in 1980 that encompasses one million acres of land that allows 60 different municipalities to using the transferring system. By the end of 1997, the total area preserved through severance increased to 15,768 acres. [14] Another area is the Montgomery County, MD. This county has "permanently preserved over 38,000 acres of farmland using TDRs". [15]

Examples

1. Seattle City Council approved the sale of TDR's at $1.6 million for low-income housing and to pay off $147,630 worth existing debt for Benaroya Hall on April 19th, 2004. In exchange The Washington Mutual Bank and the Seattle Art Museum are allowed increased density in the new office tower and an expansion to the Seattle Art Museum at 2nd and Union. Washington Mutual Tower will achieve 420,000 square feet of additional density. [16]

2. King County: The County currently uses two different transfer of residential density credit ordinances to encourage private property owners to preserve open space, wildlife habitat, woodlands, shorelines access, community separations, trails, historic landmarks, agricultural land and park sites. [17]

3. Redmond: located just outside of Seattle, has a TDR program in which the sending areas are lands zoned Agriculture or Urban Recreation or lands classified as critical wildlife habitat. When a sending site is not classified as critical habitat, the transferable development is simply the amount of development allowed by the site's zoning once wetlands and other unbuild able areas have been excluded from the calculation. [18]

Notes

  1. ^ a b Pruetz 1999
  2. ^ Andrew M. Cuomo, New and Cesar A. Perales, 2011
  3. ^ Andrew M. Cuomo, New and Cesar A. Perales, 2011
  4. ^ Andrew M. Cuomo, New and Cesar A. Perales, 2011
  5. ^ Andrew M. Cuomo, New and Cesar A. Perales, 2011
  6. ^ Andrew M. Cuomo, New and Cesar A. Perales, 2011
  7. ^ Journal of the American Planning Association, 2009
  8. ^ Journal of the American Planning Association, 2009
  9. ^ Strafford Regional Planning Commission
  10. ^ Strafford Regional Planning Commission
  11. ^ Downs, Sharon. Transfer of Development Rights: A Viable Rural Preservation Tool, 2007.
  12. ^ a b Pruetz, Rick and Pruetz, Erica, Transfer of Development Rights Turns 40, Planning & Environmental Law, 2007.
  13. ^ a b c d Williams-Derry, Clark and Cortes, Erik. Transfer of Development Rights, A tool for reducing climate-warming emissions, 2011.
  14. ^ Bredin,2000
  15. ^ Bredin,2000
  16. ^ Seattle Government: Seattle.gov website http://www.seattle.gov/news/detail.asp?4264&Dept=28)
  17. ^ Pruetz 1999
  18. ^ Pruetz 1999

References

  • John B. Bredlin, Esq. Session: Cases, Statues, Examples, and a Model. April 18, 2000, 2:30-3:45pm. APA National Planning Conference, Transfer of Development Rights.
  • What Makes Transfer of Development Rights Work?: Success Factors From Research and Practice. Pruetz, Rick; Standrige, Noah. American Planning Association. Journal of the American Planning Association; Winter 2009; 75, 1; ProQuest
  • Lawrence, Timothy J. “Transfer of Development Rights.” Ohio State University Fact Sheet:

Community Development. Land Use Series; CDFS-1264-98. http://ohioonline.osu.edu/cd-fact/1264.html.

  • Andrew M. Cuomo, New York State Governor and Cesar A. Perales, Department of State Secretary of State. Transfer of Development Rights. James A. Coon Local Government Technical Series.
  • Pruetz, Rick AICP. “Transfer of Development Rights Update.” Approaching the Millennium: 1999

APA National Planning Conference. http://www.asu.edu/caed/proceedings99/pruetz/pruetz.htm.

http://www.tandfonline.com/doi/pdf/10.1080/01944369708975929

http://www.sightline.org/wp-content/uploads/downloads/2012/05/sightline-tdr-report-08-2011.pdf - land use influencing climate mitigation

https://getd.libs.uga.edu/pdfs/downs_sharon_r_200708_mhp.pdf - historic preservation

This is a good outline, need to write out into narrative and add citations.

Urbanature (talk) 20:31, 16 October 2014 (UTC)

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