STATE GOVERNMENT AND STATE AFFAIRS
CHAPTER 65
67-6515A.Transfer
of development rights. (1) Any city or
county governing body may, by ordinance, create development rights and
establish procedures authorizing landowners to voluntarily transfer said
development rights subject to:
(a) Such
conditions as the governing body shall determine to fulfill the goals of the
city or county to preserve open space, protect wildlife habitat and critical
areas, and enhance and maintain the rural character of lands with contiguity to
agricultural lands suitable for long-range farming and ranching operations; and
(b) Voluntary
acceptance by the landowner of the development rights and any land use restrictions
conditional to such acceptance.
(2) Before
designating sending areas and receiving areas, a city or county shall conduct
an analysis of the market in an attempt to assure that areas designated as
receiving areas will have the capacity to accommodate the number of development
rights expected to be generated from the sending areas.
(3) Ordinances
providing for a transfer of development rights shall not require a property
owner in a sending area to sell development rights. Once a transfer of
development rights has been exercised it shall constitute a restriction on the
development of the property in perpetuity, unless the city or county elects to
extinguish such restriction pursuant to the provisions of this chapter.
(4) A
city or county may not condition an application for a permit to which an
applicant is otherwise entitled under existing zoning and subdivision
ordinances on the acquisition of development rights. A city or county may not
condition an application for a zoning district boundary change which is
consistent with the comprehensive plan on the acquisition of development
rights. A city or county may not reduce the density of an existing zone and
thereafter require an applicant to acquire development rights as a condition of
approving a request for a zoning district boundary change which would permit
greater density.
(5) It
shall be at the discretion of the persons selling and buying a transferable
development right to determine whether a right will be transferred permanently
without being exercised in a designated receiving area or whether a right will
have requirements to be exercised within a designated receiving area within a
set time period. If the development right is not used before the end of the
time period provided by written contract and any extension thereof, the
development right will revert to the owner of the property from which it was
transferred.
(6) No
transfer of a development right, as contemplated herein, shall affect the
validity or continued right to use any water right that is appurtenant to the
real property from which such development right is transferred. The transfer of
a water right shall remain subject to the provisions of title
42, Idaho Code.
(7) (a) Ordinances providing for the transfer of development
rights shall prescribe procedures for the issuance and recording of the
instruments necessary to sever development rights from the sending property and
to affix the development rights to the receiving property. These instruments
shall specifically describe the property, shall be executed by all lienholders and other parties with an interest of record in
any of the affected property, and shall be recorded with the county recorder.
Transfers of development rights without such written and recorded consent shall
be void.
(b) A
development right which is transferred shall be deemed to be an interest in
real property and the rights evidenced thereby shall inure to the benefit of
the transferee, his heirs, successors and assigns. An unexercised development
right shall not be taxed as real or personal property.
(8) For
the purposes of this section:
(a) "Development
rights" shall mean the rights permitted to a lot, parcel or area of land
under a zoning or other ordinance respecting permissible use, area, density,
bulk or height of improvements. Development rights may be calculated and
allocated in accordance with such factors as area, floor area, floor area
ratios, density, height limitations, or any other criteria that will
effectively quantify a value for the development right in a reasonable and
uniform manner that will carry out the objectives of this section.
(b) "Receiving
area" shall mean one (1) or more designated areas of land to which
development rights generated from one (1) or more sending areas may be
transferred and in which increased development is permitted to occur by reason
of such transfer.
(c) "Sending
area" shall mean one (1) or more designated areas of land in which
development rights may be designated for use in one (1) or more receiving
areas.
(d) "Transfer
of development rights" shall mean the process by which development rights
are transferred from one (1) lot, parcel or area of land in any sending area to
another lot, parcel or area of land in one (1) or more receiving areas.