Transfer Of Development Rights

Berry has a TRANSFER OF DEVELOPMENT RIGHTS (TDR) PROGRAM.  Property owners with the right to further development (density units), and who do not wish to exercise those rights, can sell or otherwise transfer them for use elsewhere in the town. 

Why TDRs?  They allow property owners to have the economic benefit of density units associated with their land without breaking up that land or otherwise disturbing its agricultural use.  They allow the town to reduce urban sprawl and direct development to areas better suited to residential purposes. 

How does it work?  (How bureaucratic is the process?)  The first step is to connect a willing seller with a willing buyer.  The Town Clerk will maintain a list of interested sellers.  Someone interested in selling should contact Brenda Kahl 767-4152. Once a buyer is found, the process is not greatly different from rezoning a parcel for development.   (In fact, it probably will require rezoning the receiving parcel.)  The procedure and requirements for transferring development rights are spelled out in the Town Ordinance 500.5

Simply having a density unit associated with a property does not assure that the property is buildable.  The Town will use its Comprehensive Plan to determine whether a particular property will qualify as a receiving area.  The receiving area must also meet Dane County zoning requirements if it is to be rezoned to allow development.  

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