Agenda - 06-28-1994-IX-B - Laserfiche WebLink

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7 3 QUESTIONS&ANSWERS ABOUT PURCHASE OF DEVELOPMENT RIGHTS Purchase of development rights is often referred to by its acronym, PDR. Regardless of the terminology used, it has become a popular and effective tool for preserving farmland across the United States. By acquiring the rights to develop land for nonfarm purposes, many states and local jurisdictions have encouraged active farms to continue and assured that prime soils will remain available for future agricultural use. While purchase of development rights programs have grown in popularity elsewhere, local implementation is something entirely new for Orange County. Many questions have arisen on the part of decisionmakers and landowners alike about how a program would operate, how much would it cost, how would it be funded, and what benefits would be derived. In this section, answers are provided to these questions. 1. Why a Purchase of Development Rights Program? Zoning is one of the tools which local government can use to direct the growth and development of an area Unless a net residential density of at least one dwelling unit per 20 acres is achieved,however, too much non-farm development will be allowed to encroach into rural areas. As a result, conflicts with agricultural operations - manure odors, chemical spraying, equipment vandalism, traffic congestion - are sure to occur.Proposals to limit development through large-lot zoning are opposed,primarily because such restrictions are viewed by landowners as depriving them of substantial value. A purchase of development rights program gives farmers a timely, financially competitive alternative to selling their land for development. Such programs are voluntary, address concerns about uncompensated restrictions, and permit landowners to decide whether or not to participate. The compensation paid to landowners for permanently relinquishing their development rights can enable them to expand their farming operations,pay off debts, distribute their assets equitably among children,and/or provide for a comfortable retirement while retaining title and all other rights to their land. 2. What are development rights? Fee simple ownership (the full ownership) of land may be defined as a"bundle" or set of rights, including the following. The right to keep others off the land; The right to sell or bequeath an interest in or right to all or part of the land to someone else; The right to use the land for farming,forestry, and outdoor recreation; and The right to build structures on or beneath the land. The latter constitutes the"development rights"attached to a parcel of land.The extent or amount of such rights is limited by restrictions embodied in health and building codes,and whatever zoning that may exist. For example, a person may own a 100-acre farm. If his/her property was zoned to allow one dwelling unit per acre, he/she would have development rights for 100 units.In rural areas without public utilities available, the actual number of units or development rights might be even lower. Poor soils and