Development rights shall be transferred using the following process:
Following approval of the sending property determination application and issuance of the letter of intent as described in § 165-302.05, the Director of Planning and Development or his designee shall issue the transfer of development rights certificate, agreeing to a transfer of development rights in exchange for the proposed sending property deed covenant to which Frederick County is a party. If a sending property with a transfer of development rights certificate changes ownership, the certificate may be transferred to the new owner if requested in writing to the Department of Planning and Development by the person(s) that owned the property when the certificate was issued, provided that the documents evidencing the transfer of ownership are also provided to the Department of Planning and Development.
In applying for receiving property or receiving person approval, the applicant shall provide the Department of Planning and Development with one of the following:
A transfer of development rights certificate issued in the name of the applicant;
A transfer of development rights certificate issued in the name of another person or persons and a signed option to purchase those TDR sending property development rights; or
A transfer of development rights certificate issued in the name of the applicant or another person(s) and a copy of a signed option to purchase those TDR sending property development rights.
The receiving property applicant and/or transferee shall deliver the documentation outlined in § 165-303.01B for the number of TDR development rights being severed or transferred and the TDR extinguishment document to the County.
Development rights from a sending property shall be considered transferred to a receiving property and/or a transferee and extinguished when the extinguishment document for the sending property has been recorded.
A request to utilize transferred development rights on an eligible receiving property must be in the form of a Master Development Plan and a Subdivision Design Plan submitted to the Department of Planning and Development in accordance with the Zoning and Subdivision of Land regulations contained in Chapters 165 and 144 of the County Code.
All subdivisions for receiving properties zoned RA (Rural Areas) utilizing development rights shall be subject to the same requirements as property zoned RP (Residential Performance) and shall not qualify for the standards specified in § 144-31 of the Frederick County Code.
A final recorded plat for a subdivision using transferred development rights shall contain a statement setting forth the development proposed, the zoning classification of the property, the number of development rights used, and a notation of the recordation of the conveyance required by § 165-302.06.