A. 
The purpose of Transferable Development Rights (TDRs) is to transfer residential density potential from eligible preservation areas to eligible receiving areas, permanently conserve agricultural and forestry uses of land, preserve rural landscapes, and maintain natural and scenic resources. The transfer of development rights furthers the conservation of natural and undeveloped areas, the preservation of coastal resources, and the preservation of historical, cultural, archaeological, architectural, and recreational assets. The transfer of development rights contributes to balanced economic growth and coordinating the provision of adequate public facilities with the achievement of other goals.
B. 
The purpose of Transferable Development Rights (TDRs) is to reduce density in designated preservation areas.
C. 
The provisions of this Article are not intended to supersede any of the protections set forth elsewhere in this Ordinance relating to properties having historical significance and/or properties with environmentally sensitive features such as, but not limited to, hydric soils, wetlands, or steep slopes.
Transferable Development Rights are conveyed from Agricultural Preservation Districts (APDs) and are subject to the "Calvert County Agricultural Preservation Rules and Regulations."
A. 
One Transferable Development Right (TDR) per net acre of land is allocated within an APD created in the Residential District, Rural Neighborhood District, Rural Community District, and Farm and Forest District. For APDs in existence as of the adoption of this Ordinance that have not yet certified TDRs, they shall have one year after the adoption of this Ordinance to certify and record in land records TDRs to be exempt from this regulation. A field survey is required to determine the net acreage of the property. See Section 22-4.J of this Ordinance for provisions regarding allocation of TDRs for properties in the Critical Area.
B. 
Five TDRs shall be subtracted for each residence located on a parcel in an Agricultural Preservation District.
C. 
The Board of County Commissioners shall grant five TDRs for each one-acre exception lot authorized in the Rural Community District, Rural Neighborhood District, and Farm and Forest District under the provisions of Section 31-5.A of this Ordinance and not previously used. However, two years after the effective date of this Ordinance, the ability to create exception lots is null and void, and TDRs for exception lots will no longer be granted.
Transfer Zones are designated by the Board of County Commissioners as areas where TDRs may be used to obtain transfer zone density, which is an increase in residential density above what is permitted through base density. Transfer Zones are permitted in the Rural Community District, Rural Neighborhood District, Residential District, and the Town Centers. No Transfer Zone shall be allowed within a Priority Preservation Area.
A. 
Town Center Districts can use TDRs to obtain transfer zone density consistent with the approved Town Center Master Plans and Table 17-1 (Residential Density and Minimum Lot Size Chart - Town Centers).[1]
[1]
Editor's Note: Table 17-1 is included at the end of this section.
B. 
Five TDRs are required per additional lot or dwelling unit to obtain transfer zone density where transfer zones exist outside of Town Centers.
C. 
To determine the amount of lots or dwelling units that can be obtained through transfer zone density, subtract the amount of lots or dwelling units permitted per acre through base density from the amount of lots or dwelling units permitted per acre through transfer zone density. If the number of lots or dwelling units permitted following a density calculation is not a whole number, the number is rounded down to the nearest whole number.
D. 
Lots created through transfer zone density are not permitted within a major subdivision unless all owners in the subdivision sign the application. Those subdivisions which are only considered major subdivisions because of the creation of a right-of-way are exempt from this regulation.
E. 
If the recording of a subdivision occurs in phases, then the developer shall be required to apply a proportionate number of the total TDRs required for the entire subdivision to that section except for the recording of APFO exemption lots, as provided in the Calvert County Code, Chapter 3, Adequate Public Facilities, as amended from time to time. When a parcel is developed in phases, a note shall be placed on the initial subdivision plat and all subsequent plats reserving for the remainder of the parcel the density available at the time the initial subdivision plat was approved. The density shall be expressed as dwelling units per acre. If, for whatever reason, a developer records more TDRs than necessary to complete the development of a parcel, the number of such excessive TDRs shall be determined by the Department of Planning & Zoning and recertified as eligible for use elsewhere.
F. 
Mapped Transfer Zone Districts are properties that were designated on the Official Zoning Map as Transfer Zone Districts prior to 1993. Developments within these districts are subject to individual resolutions adopted by the Board of County Commissioners and recorded among the Land Records of Calvert County.
Table 17-1 Residential Density and Minimum Lot Size Chart-Town Centers*
Residential Density = D; Minimum Lot Size = L
Single-family Detached
Duplex, triplex, fourplex (unless otherwise noted)
Townhouse
Multi-family
Base
With TDRs
Base
With TDRs
Base
With TDRs
Base
With TDRs
Dunkirk
Five TDRs are required for each unit above 1/acre1. Age-restricted housing communities which are properly submitted for approval to the Department of Planning & Zoning prior to July 1, 2006 shall be exempt from the requirement to purchase TDRs.
D
1/acre
4/acre
1/acre
4/acre
1/acre
4/acre
1/1 acre
4/acre2
L
None
None
None
None
None
None
None
None
Owings
Village District and Edge District: Five TDRs are required for each lot or dwelling unit which is created in excess of one dwelling unit per acre1. Age-restricted housing communities which are properly submitted for approval to the Department of Planning & Zoning prior to July 1, 2006 shall be exempt from the requirement to purchase TDRs.
Edge
D
1/acre
4/acre
1/acre (duplex only)
4/acre
L
14,200 sf3 4
14,200 sf3 4
14,200 sf3 4
14,200 sf3 4
Village
D
1/acre
4/acre
1/acre (duplex only)
4/acre
1/acre
4/acre
1/acre
4/acre
L
None5
None5
None5
None5
None5
None5
None5
None5
Core
D
No maximum
No maximum
No maximum
No
L
6
6
6
6
Huntingtown
All Districts: Five TDRs are required for each lot or dwelling unit above one dwelling unit per acre1. Age-restricted housing communities which are properly submitted for approval to the Department of Planning & Zoning prior to July 1, 2006 shall be exempt from the requirement to purchase TDRs.
Mixed-Use
D
1/acre
2/acre
1/acre
2/acre
1/acre
2/acre
L
None
None
None
None
None
None
Neighborhood
D
1/acre
2/acre7
1/acre
2/acre7
2/acre7
L
15,000 sf7
15,000 sf7
15,000 sf7
15,000 sf7
1/15,000 sf7
1/15,000 sf7
Residential
D
1/acre
2/acre8
L
40,000/15,000 sf8
15,000 sf8
Prince Frederick
All Districts. The number of dwelling units that can be placed on any given site will be determined on the basis of Town Center regulations but in no case may exceed 4 units per acre. No minimum lot size is required. TDRs are required for each dwelling unit over one per acre.9 Age-restricted housing communities which are properly submitted for approval to the Department of Planning & Zoning prior to July 1, 2006 shall be exempt from the requirement to purchase TDRs.
Old Town
Old Town Res.
Old Town Trans.
The site is immediately adjacent to Rt 2/4 or Dares Beach Road.
Fairgrounds
Provided at least 40% of dwelling units on any given site are single-family detached.
Provided at least 40% of dwelling units on any given site are single-family
Provided no more than 20% of the dwelling units on any given site are multi-family
Entry
10
10
10
10
Village
10
10
10
10
New Town
10
10
10
10
Forest
30% of units must be single-family detached, 2/acre
30% of units must be single-family attached (including Townhouse);
30% of units must be single-family attached (including Townhouse);
30% of units must be multifamily.
St. Leonard
Village District: Five Transferable Development Rights (TDRs) are required for each lot or dwelling unit which is created in excess of one dwelling unit per acre.11 Age-restricted housing communities which are properly submitted for approval to the Department of Planning & Zoning prior to July 1, 2006 shall be exempt from the requirement to purchase TDRs.
Village - subarea A
D
1/acre
2/acre
1/acre
2/acre
L
40,000 sf
20,000 sf
40,000 sf (duplex only)
20,000 sf
Village - Subarea B
D
1/acre
2/acre
1/acre
2/acre
L
40,000 sf
20,000 sf
40,000 sf (duplex only)
20,000 sf
Residential
D
1/acre
1/acre
1/acre
1/acre
L
40,000 sf
TDRs not permitted
40,000 sf (duplex only)
TDRs not permitted
Lusby
Village Edge District & Village Residential-Office District: TDRs are required to develop each dwelling unit over one unit per acre.11 Age-restricted housing communities which are properly submitted for approval to the Department of Planning & Zoning prior to July 1, 2006 shall be exempt from the requirement to purchase TDRs. Minimum lot size may be impacted by required setbacks and forest buffers.
Village Residential-Office
D
1/acre
4/acre
1/acre
4/acre
1/acre
4/acre
1/acre
4/acre
L
2,000 sf
2,000 sf
2,000 sf
2,000 sf
2,000 sf
2,000 sf
2,000 sf
2,000 sf
Village Edge
D
1/acre
4/acre
1/acre
4/acre
1/acre
4/acre
1/acre
4/acre
L
5,000 sf
5,000 sf
5,000 sf
5,000 sf
5,000 sf
5,000 sf
5,000 sf
5,000 sf
All Other Districts
D
L
Solomons
Single-family Detached
Apartments in a Mixed Use Building and Attached Dwellings: Duplex, Fourplex, Multi-family, Townhouse, Triplex (where permitted)
Base
With TDRs12
Base
With TDRs12
C1 Sub-area
D
1/lot
1/lot
1/acre
4/acre
L
N/A
N/A
N/A
N/A
C6 Sub-area
D
1/acre
4/acre
1/acre
4/acre
L
4,000 sf
4,000 sf
4,000 sf
4,000 sf
C7 Sub-area
D
1/acre
4/acre
1/acre
4/acre
L
4,000 sf
4,000 sf
4,000 sf
4,000 sf
All Other Sub-areas
D
1/acre
4/acre
1/acre
4/acre
L
4,000 sf
4,000 sf
4,000 sf
4,000 sf
NOTES:
*
Refer to individual Town Center Zoning Ordinances for specific requirements. Conditions may apply which are not included in this table.
1
In lieu of purchasing TDRs, applicants with bona fide affordable housing projects may apply to the Board of County Commissioners for a waiver of the requirement to purchase TDRs. See the Town Center Zoning Ordinance for details.
2
Age-Restricted housing only. See Town Center Zoning Ordinance for additional requirements.
3
5,000 square feet if public water and sewer provided.
4
See Table 5-5.02B, Lot Requirements for the Edge District.
5
See Table 5-4.02B, Lot Requirements for the Village District.
6
See Table 5-3.02B, Lot Requirements for the Core District.
7
Where communal septic systems are provided, the minimum lot size may be modified with approval of the Planning Commission. However, the overall density may not exceed 2/acre.
8
Where public water is provided.
9
In lieu of purchasing TDRs, applicants with bona fide affordable housing projects may apply to the Board of County Commissioners for a waiver of the requirement to purchase TDRs. See the Town Center Zoning Ordinance for details.
10
Special conditions are required for these uses. See the Prince Frederick Zoning Ordinance for conditions.
11
In lieu of purchasing TDRs, applicants with bona fide affordable housing projects may apply to the Board of County Commissioners for a waiver of the requirement to purchase TDRs. See the Town Center Zoning Ordinance for details.
12
The Board of County Commissioners may reduce the number of TDRs required for workforce housing and for non-profit organizations which provide public benefit. See Section 5-1.08.B.3 of the Solomons Zoning Ordinance for details.