Transfer of Development Rights Ordinance

The Governing Body adopted in November 2002 the city’s Transfer of Development Rights Ordinance supporting the acquisition of property critical to the mission of the Program particularly stream corridors as part of the city’s “systems” approach to stormwater management while providing further incentive for the development community to dedicate such property to city for that purpose.

4-1-B-26 Property Development Regulations

New Subsection F. Modification of Open Space, Density and Setback Calculations.

Property owners which dedicate land to the City or other City approved public trust to further the City’s goals and objectives for riparian corridor protection or for other City approved watershed purposes shall be permitted to use the land so dedicated to apply to the requirements set forth herein regarding open space and setback calculations on the remaining adjacent property from which such dedication was made. Such dedications may also be used for density calculations on the remaining adjacent property, subject to the provisions of 4-1-B-27G(4)(e), provided that the remaining adjacent area from which the dedication was made remains under single ownership.

All such dedications shall be subject to the following requirements:

1. The land to be dedicated must be located within the designated stream setback or be within an area designated by the City for watershed improvements, including but not limited to the construction of retention or detention areas, wetlands, mitigation areas or associated appurtenances. The determination of whether or not the proposed dedication meets the City’s watershed purposes and therefore whether or not to accept the dedication is the sole decision of the City Council, upon recommendation of Public Works Director.

2. The dedication shall be in fee simple by special warranty deed and at no cost to the City.

3. Nothing herein shall be construed to permit the construction or installation of any developer improvements on the dedicated land.

Section 4-1-B-26 Property Development Regulations