The purpose and objective of the Development Rights Reserve is to
facilitate the absorption of Transferable Development Rights (TDRs)
for the conservation of lands valuable to the heritage of Calvert
County.
The Development Rights Reserve shall be funded from the resale of
TDRs, and such other and additional sources as may be approved by
the Board of County Commissioners from time to time.
The owner(s) of TDRs certified by the Calvert County Agricultural
Preservation Board, approved by the County Commissioners, and with
approved conservation covenants recorded among the land records of
Calvert County, may apply for the sale of TDRs to the County.
The County may not require or condition that any owner of TDRs sell
their TDRs to the Development Rights Reserve; the participation of
sellers in this program shall be voluntary.
Each application shall be accompanied by a certificate of title prepared
by a licensed attorney certifying the ownership of the TDRs. This
is the responsibility of the applicant to provide.
Notwithstanding, the Board of County Commissioners may adjust such
price based on consideration of such factors as the Board deems relevant,
including the prevailing market rates for development rights and the
effect such density credit price may have on the development rights
market.
Once transferred to a receiving site, development rights are converted
to density credits or development credits and are extinguished with
the approval of the site plan or plan of subdivision for the receiving
site.
The Development Rights Reserve may not resell TDRs for speculation
or any other purpose than to be applied to a project with then-current
pending approval of the Department of Planning and Zoning.
The funds of the Development Rights Reserve shall be available for
acquisition of TDRs, to administer and promote the program and Development
Rights Reserve, and to retire debt issued for purchases of development
rights.
The Calvert County Department of Planning and Zoning, with the
advice of the Calvert County Agricultural Preservation Advisory Board
(APAB), may develop regulations and policies implementing this program.