500.5 Transfer of Development Rights (TDR) Program Ordinance
IV General Operation
V Density Units or Development Rights
VII Negotiations for the Acquisition of Development Rights
VIII Procedural Considerations
IX Criteria for Approval
X Effective Date
SECTION I – BACKGROUND
A. A transfer of development rights program means that owners of land can sell their density units or development rights.
B. Town Density Units or development rights are determined by the Town’s Comprehensive Plan.
C. Sending Areas. Town Density Units cannot be transferred to areas outside of the Town’s boundaries. The Town’s Sending Area is defined as the entire Town.
D. Receiving Areas. Town Density Units can be transferred to areas within the Town’s boundaries. The Town’s Receiving Area is defined as the entire Town.
E. Density Units originating from areas outside of the Town’s boundaries cannot be transferred into the Town.
SECTION II – PURPOSE
The Town having conducted public hearings and open meetings, and having sought technical advice and public comment hereby finds that;
1. Agricultural preservation;
2. Establishing a mechanism to allow farmers to have the economic benefit of the density units associated with their land without the burden of having a residential parcel adjacent to the farm;
3. Reducing urban sprawl;
4. Directing development to areas better suited for land divisions for residential purposes;
5. Creating conservation easements that allow agricultural preservation and open space protection.
The Town also finds that the existence of the
SECTION III – AUTHORITY
Under the Town’s planning authority in Wis. Stats. §66.1001, the
Town will amend the Town’s Comprehensive Plan to include the
and/or the Dane County Board,
as required by law.
SECTION IV – GENERAL OPERATION
As set forth in more detail below, the
A. Owners of property in the Sending Area may choose to sell the density units or development rights associated with their land to a buyer for use on a specified property located in a Receiving Area. The buyer then uses those density units or development rights to develop property in a Receiving Area at a higher density than otherwise provided under law.
SECTION V – DENSITY UNITS OR DEVELOPMENT RIGHTS
A. Density Units or development rights are described and defined in the Town’s Comprehensive Plan.
All persons participating in the
Note: The Comprehensive Plan confirms that the Town participates in
SECTION VI – TDR EASEMENT
Form. At the time that the density unit or development right is sold,
the seller shall enter into a
SECTION VII – NEGOTIATIONS FOR THE ACQUISITION OF DEVELOPMENT RIGHTS
All negotiations for the acquisition of development rights shall be handled by the private property owners involved in the transaction.
SECTION VIII – PROCEDURAL CONSIDERATIONS
A person seeking approval of Transfer of Development Rights shall undertake the following steps:
A. Present an application to Transfer Development Rights to the Plan Commission for review, verification and recommendation to the Town Board.
B. A density unit, not 35 acres of land, is needed to build a dwelling. Most dwellings are built on parcels of land less than 35 acres. The availability of a density unit does not guarantee that a dwelling can be built on a parcel.
C. Include the Town’s
and Dane County’s density
study of the Sending property.
Simultaneously apply for needed zoning changes
with Dane County and
initiate the plat review and approval process.
SECTION IX – CRITERIA FOR APPROVAL.
The Town’s Comprehensive Plan, shall set the standards for judging
the suitability of any transfer of development rights application. Approval of a TDR application is conditioned
on the results of the transfer being consistent with the goals, objectives and
policies of the Town Comprehensive Plan. The portion of the Comprehensive Plan
that describes the Plan’s goals, objectives and policies, typically found at
the end of each chapter, and is incorporated herein by reference, for the
primary purpose of providing the context in which the Town will interpret this
SECTION X – EFFECTIVE DATE