Agenda - 06-27-2006-7b - Laserfiche WebLink

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Orange County Transfer of Development Rights Feasibility Study OR4FT Technical P7emorandum No. 2: Summary of Findings and Recommendations There are some legal limitations on how the County may create and operate a program that accomplishes a transfer of development rights from one property to another (a TDR program): The County can rely on its existing authority to: • Purchase conservation easements from private property owners; • Award density bonuses for provision by a developer of amenities public facilities or other public services identified by the County as going beyond the minimum requirements established in its ordinances For land development and that serve the public good and help the County meet its land use and other public policy goals and obiectives; • Adopt land use regulations to: o Designate areas or properties eligible to sell conservation easements to the County (Sending Areas) and areas or properties eligible to receive a density bonus (Receiving Areas); o Establish minimum eligibility criteria for Sending Area properties; o Establish maximum density bonus limits for Receiving Area properties; and, o Establish varying levels of Receiving Area density bonus for easements on different Sending Area properties, based on the extent to which a property meets or furthers important County policy objectives. tether these existing authorities allow the County to create a program that effectively accomplishes a transfer of development rights from one property to another. 13 Deleted: payment of afee-In-lieu-of provision of open space within the County's~unsdicdon Unless it obtains special authorization from the General Assembly, the County may not: Allow development rights to "float" (without being immediately attached to a' Formatted: emiets and Numbering Receiving Area property once they have been severed from a Sending Area property through a conservation easement); Unless it obtains special authorization from the General Assembly. the County should avoid: Establishing ore-set easement acquisition prices and ore-set density bonus fees instead the County should allow private market negotiations between Sending and Receiving Area property owners to determine the dollar value of the transactions while the County determines the amount of density bonus awardable for meeting specified Sending Area preservation criteria ~ Municipalities may enter into agreements with the County to participate in a TDR~ program that fits the parameters outlined above; • However, municipalities may prefer to obtain special authorization from the General Assembly clarifying that their authority to award density bonuses for provision by a developer of protected open spacePxtends to open space hat is provided outside of their jurisdiction and in a location not adjacent to or within walking distance of the property receiving the density bonus, Formatted: Bullets and Numbering Formatted: Bullets and Numbering Deleted: payment of a fee-In-lieu-of provision of open space Deleted: ~~ ~ ,: ,; ..,