The purpose of this article is to encourage the protection of
farmland and farming resources by allowing the transfer of development
potential from a site in an agricultural area having a resource deserving
protection to one in a residential receiving zone within a development
area. Transfer of development rights (TDRs) will further the community
interest by providing long-term protection of land in County- and
state-designated Agricultural Land Preservation Districts. This article
also supplements the Maryland Agricultural Land Preservation Foundation
easement purchase program by providing an alternative to easement
purchase by the state. This voluntary program furthers the objectives
of the Comprehensive Plan.
In addition to the definitions contained in Article
III, Definitions, as used in this article, the following words shall have the meanings indicated:
AGRICULTURAL LAND PRESERVATION DISTRICT
A recorded section of prime agricultural or forestry land
that is voluntarily enrolled in the Maryland Agricultural Land Preservation
District Program by the owner of the property with a recommendation
of approval of such a petition for district establishment by the County
Preservation Advisory Board, County Planning Commission and County
Commissioners.
DEVELOPMENT OPTION
The portion of a development right which attaches to one
acre of land in an Agricultural Land Preservation District. (Example:
a one-hundred-acre parcel would have 100 development options.)
DEVELOPMENT RIGHT
The right that a landowner has to develop his or her property
residentially. These rights may then be conveyed to increase the density
of residential land use in designated receiving zones. Three development
options constitute one development right.
INSTRUMENT OF TRANSFER
The form required by this section by which one or more development
rights are transferred.
ORIGINAL INSTRUMENT OF TRANSFER
An instrument of transfer by which development rights are
initially transferred from a designated sending area by the original
transferor.
ORIGINAL TRANSFEROR
A person (transferor) who is the owner of the sending parcel
from which the development rights are being transferred along with
all persons who have a mortgage, deed of trust or other lien or encumbrance
on the transferor parcel.
RECEIVING PARCEL or RECEIVING ZONE
A lot or parcel of land that has been designated as the development district in the Comprehensive Plan, is located in a zone in which the use of TDRs is authorized by this chapter (RL, RM, RH, CER, CRR, CMR, AUC, WC) and is located in a cluster development in the RL, RM or RH Zones, a duplex, touwnhouse, or multifamily development, or in a PRD, TOD or MX Zone as set forth in Article
VII; or in the CER, CRR, CMR, AUC or WC Zones.
[Amended 10-25-1999 by Ord. No. 99-92; 3-1-1999 by Ord. No. 90-16; 7-25-2005 by Bill No. 2005-01; 4-13-2010 by Bill No. 2010-02; 9-21-2021 by Bill No. 2021-02]
SENDING PARCEL or SENDING ZONE
A parcel of land in an Agricultural Land Preservation District described in Chapter
215 of the County Code and which has been recorded in the County Courthouse from which development rights are transferred.
TRANSFER OF DEVELOPMENT RIGHT
An interest in real property that constitutes the right to
develop and use the property under this chapter which is made severable
from the parcel to which the interest is appurtenant and transferable
to another parcel of land for development and use in accordance with
this chapter.
TRANSFER
The transfer of development rights from a sending parcel
to a receiving parcel is done by instrument(s) of transfer. A transfer
can include any intermediate transfers to or among a transferee or
directly from the transferor to a transferee. The word is used both
as noun and a verb and, in the latter case, includes any tense of
the verb.
TRANSFEREE
A person to whom development rights are transferred and all
persons who have any lien, security interest or other interest with
respect to development rights held by the transferee.
TRANSFEROR
A person who transfers development rights from an Agricultural
Land Preservation District along with all persons who have any lien,
security interest or other interest with respect to development rights
held by the transferor.
Transfer from a sending parcel to a receiving parcel is final
at the time when final subdivision approval or final site plan approval
for the receiving parcel, based upon use of development rights, has
been given in accordance with this chapter.