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A. The purpose of this
section is to: |
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(1) clarify an application of
existing authority; |
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(2) provide guidelines for
counties and municipalities to regulate transfers of development rights
consistent with comprehensive plans; |
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(3) encourage the
conservation of ecological, agricultural and historical land;
and |
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(4) require public
notification of transfers of development rights. |
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B. A municipality or county
may, by ordinance, provide for voluntary transfer of all or partial
development rights from one parcel of land to another parcel of
land. |
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C. The ordinance shall identify
on a zoning map areas from which development rights may be transferred and
areas to which development rights may be transferred. |
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D. The ordinance shall
provide for: |
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(1) the voluntary transfer of
a development right from one parcel of land to increase the intensity of
development of another parcel of land; |
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(2) joint powers agreements,
if applicable, for administration of transfers of development rights across
jurisdictional boundaries; |
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(3) the method of transfer of
development rights, including methods of determining the accounting for the
rights transferred; |
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(4) the reasonable rules to
effect and control transfers and ensure compliance with the provisions of the
ordinance; and |
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(5) public notification to
the areas to which development rights may be transferred. |
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E. Transference of a
development right shall be in writing and executed by the owner of the parcel
from which the development right is being transferred and acknowledged by the
transferor. A development right shall not be subject to
condemnation. |
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F. As used in this section,
"development right" means the rights permitted to a lot, parcel or
area of land under a zoning ordinance or local law respecting permissible
use, area, density or height of improvements executed thereon, and
development rights may be calculated and allocated in accordance with density
or height limitations or any criteria that will effectively quantify a
development right in a reasonable and uniform manner. |
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G. Nothing in this section
shall be construed to authorize a municipality or a county to impair existing
property rights. |
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