This purpose of this chapter is to enable the City to utilize a TDR program as a tool to simultaneously promote City policies for efficiently planned development and the protection of significant resource areas. TDR transactions can be an effective means of aligning land use economics in particular locations with the City's larger development policies.
Conservation Easement.
A legal instrument imposing restrictions on future development on lot(s) or parcel(s) of land in a sending area in order to protect natural, scenic, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological, or cultural aspects, or open space values of real property (see ORS 271.715).
Receiving Area.
A designated area of land to which a holder of development rights generated from a sending area may transfer the development rights, and in which additional residential uses or development, not otherwise allowed, are allowed by reason of the transfer.
Sending Area.
A designated area of resource land from which development rights generated from forgone development are transferable, for residential uses or development not otherwise allowed, to a receiving area.
Transferable Development Right (TDR).
A severable residential development interest in real property that can be transferred from a lot(s), parcel(s) or tract(s) in a sending area to a lot(s), parcel(s) or tract(s) in a receiving area. This term has the same meaning as "transferable development credit (TDC)" under Oregon Laws 2009, Chapter 504, Section 2(10), except that, "severable development interests" are limited to residential uses, including ancillary uses subordinate to residential uses.
TDR Transaction.
An agreement between landowners to transfer development rights between a sending area and a receiving area consistent with this chapter and approved by the City hearings body.
A lot(s) or parcel(s) is eligible to become a sending area if it meets the following criteria:
A. 
The lot(s) or parcel(s) is zoned for a more intensive use than currently exists on the lot(s) or parcel(s); and
B. 
The hearings body determines that the lot(s) or parcel(s) contain significant natural, scenic, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological, or cultural aspects, or open space values that would be lost if the lot(s) or parcel(s) were developed for the land use as designated on the zoning map.
A lot or parcel is eligible to become a receiving area if it meets the following criteria:
A. 
The lot(s) or parcel(s) is inside the urban growth boundary or City limits; and
B. 
The hearings body determines that a more intensive development than is currently allowed on the lot(s) or parcel(s) under the Zoning Map and Development Code would be appropriate and suitable; and
C. 
The lot(s) or parcel(s) has buildable area adequate to accommodate the transferred development rights and which area(s) is not subject to regulatory limitations designed to protect natural resources, scenic and historic areas, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological, or cultural aspects, open spaces or other resources protected under the Statewide Planning Goals.
(Ord. 1175-A § 24, 2013)
A. 
The property owner of the lot(s) or parcel(s) in a sending area, shall sever TDCs by placing the land into a conservation easement held by the City, or a third party approved by the City. The amount of TDCs generated by a conservation easement shall be determined by the City hearings body, but shall be a function of the density and intensity of development precluded as a result of the conservation easement and the acreage subject to the conservation easement.
B. 
The property owner of lot(s) or parcel(s) in a receiving area may purchase TDCs generated by a sending area in order to enable greater development than allowed by the zoning in the receiving area. The amount of TDCs necessary to enable a particular development in a receiving area shall be determined by the City hearings body. In no circumstance, however, shall the hearings body permit a larger or greater density or intensity of development in a receiving area than that precluded in the sending area by the purchased TDCs.
C. 
A TDR transaction is subject to a Type III procedure. In addition, all holders of recorded encumbrances on the sending area must be given prior written notice of the proposed TDR transaction and the opportunity to approve or disapprove the TDR transaction.
D. 
Upon hearings body approval of a TDR transaction, the hearings body may rezone the sending area as appropriate and shall rezone the receiving area and/or make other appropriate changes to relevant land use regulations to enable development in the receiving area.
E. 
If the approved receiving area is located outside the City limits, the City shall commence annexation procedures pursuant to Chapter 16.260.
A. 
All conservation easements in the sending area shall be recorded with the property records [deeds of the subject property(ies)] in Clatsop County. The City shall maintain a registry of all sending areas subject to conservation easements.
B. 
The holder of a conservation easement in a sending area, shall monitor the sending area and enforce the terms of the conservation easement.