A.
In general. A development right of
a transferor parcel may be transferred and used to
increase residential or nonresidential development on a receiving parcel in accordance with the provisions
of this article.
B.
For approved transfer of development rights prior to the 1994 Zoning Ordinance Update refer to § 18:1-7G.
C.
Limitations.
(1)
A development right may not
be used in any manner inconsistent with the provisions set forth in
this subsection.
(2)
A development right may not
be used to increase residential density or nonresidential floor area or impervious area within the critical area unless
the development right is derived from a portion of
a transferor parcel that is located within the Critical
Area Resource Conservation Area (RCA).
(3)
The use of a development right may result in the reduction of natural resource protection land required under this Chapter 18:1 on the receiving parcel, provided that natural resources are protected on the combined parcels overall based on the requirements set forth in Chapter 18:1, Part 4, Article XI.
(4)
A development right may not
be used to increase density for receiving
parcels located within the Critical Area Resource Conservation
Area beyond the density allowed within the parcel's
zoning district.
(5)
TDRs used on receiving parcels within the CMPD and TC Districts must be derived from eligible transferor parcels located within the Fourth (Kent Island)
Election District.
(6)
TDRs used on receiving parcels within the Stevensville Growth Area must be derived from eligible transferor parcels located within the Fourth Election District
of Queen Anne's County.
D.
Intermediate transfer. Subject to
the provisions of this section, a development right
may be transferred to a transferee prior to the time
when its use for a specific receiving parcel has been finally approved in accordance with this article.
A.
After development rights have been
transferred by an original instrument of transfer, the transferor parcel:
(1)
May not be subdivided or reconfigured;
(3)
May not be used in connection with any determination
of site area or site capacity, except as may be necessary in determining the number of development rights involved in the transfer; and
(4)
A transferor parcel must be
at least 24 acres or 1/2 of the size of the lot of record, whichever is less, and meet the following
soils criteria as per the 1966 Soils Survey of Queen Anne's County:
[Amended 9-7-2004 by Ord. No. 04-29]
(a)
At least 50% of the land shall classify as Class
I, II or III soils; or
(b)
If the land is wooded, 50% of the land is classified
as woodland Group 1 or 2; or
(c)
If there is an insufficient percentage of Class
I, II or III soils alone and there is an insufficient percentage of woodland Group 1 or 2 soils alone, the land must have a
combination of the classifications that meets or exceeds 60%.
(d)
Plats of TDR parcels must provide the location
of all existing buildings.
B.
A transferor parcel within the Chesapeake Bay Critical Area shall be at least 20 acres in size; and
C.
All development rights that are the
subject of the transfer, and the value of such rights,
shall be deemed for all other purposes, including assessment and taxation,
to be appurtenant to the transferor parcel, until
such rights have been finally approved for use on a specific receiving parcel and transferred to the County Commissioners.
A.
General requirement. A transfer may
not be recognized under this article unless the original instrument
of transfer:
B.
Responsibility. The transferor and
the transferee named in an original instrument
of transfer shall have sole responsibility to:
C.
Application for certificate. An application for a
certificate shall:
(1)
Contain information, prescribed by the Planning
Director, as may be necessary to determine the number of development rights involved in the proposed transfer;
(2)
Include five copies of a plat of the proposed transferor parcel, prepared by a registered land surveyor
on the basis of an actual on-site survey; and
(3)
Be accompanied by such fee as may be prescribed
by the County Commissioners.
D.
Issuance of certificate.
(1)
On the basis of the information submitted, the Planning Director shall affix a certificate of the Planning Director's findings to the original instrument
of transfer.
(2)
The certificate shall contain a specific statement
of the number of development rights that are derived
from the transfer parcel.
A.
In general.
B.
Contents. In addition to the provisions in Chapter 18:1, Part 7, Article XXVII, an instrument of transfer shall contain:
(1)
The names of the transferor and the transferee;
(2)
A covenant that the transferor grants and assigns to the transferee and the transferee's heirs, personal representatives,
successors, and assigns a specified number of development rights from the transferor parcel;
(3)
If the instrument is not an original
instrument of transfer, a statement that the transfer is an intermediate transfer of rights derived from
a transferor parcel described in an original
instrument of transfer (which original instrument shall be
identified by its date, the names of the original transferor and transferee, and the book and page where it
is recorded among the land records of the County);
(4)
A specific statement of the number of development rights included within the transfer;
(5)
A covenant by which the transferor acknowledges that the transferor has no further use or right of use with respect to the development rights being transferred;
(6)
Except when development rights
are being transferred to the County Commissioners in accordance with
this article, a statement of the rights of the transferee prior to final approval of the use of those development rights on a specific receiving parcel, as provided in § 18:1-100 of this Chapter 18:1; and
(7)
Either:
(a)
A covenant that at the time
when any development rights involved in the transfer are finally approved for use on a specific receiving parcel the rights shall be transferred to the County Commissioners for no consideration; or
(b)
In cases when development rights
are being transferred to the County Commissioners after approval, a covenant that the rights are
being transferred to the County Commissioners for
no consideration.
A.
Contents of original instrument of transfer. In addition to fulfilling the requirements of § 18:1-103 of this Chapter 18:1, an original instrument of transfer shall also contain:
(1)
A metes and bounds description of the transferor parcel, prepared by a licensed surveyor named
in the instrument;
(2)
A covenant that the development rights being permanently transferred represent
all development rights with respect to the transferor parcel under the existing or any future zoning
or similar ordinance regulating the use of land in the County;
(3)
A covenant that the transferor parcel may not be subdivided or reconfigured;
(5)
A covenant that all provisions
of the instrument of transfer shall run with and
bind the transferor parcel and may be enforced by
the County Commissioners; and
(6)
The certificate of the Planning Director required by this article.
A.
Application. The owner of a proposed receiving
parcel shall file with the Planning Director an application to use transferred development rights
with respect to the development of the proposed receiving parcel.
B.
Contents. The application shall:
(1)
Contain information as may be prescribed by
the Planning Director;
(2)
Include five copies of a plat of the proposed receiving parcel, prepared by a registered land surveyor
on the basis of an actual on-site survey;
(3)
Be accompanied by such fee as may be prescribed
by the County Commissioners; and
(4)
Be accompanied by:
(a)
Original or certified copies of a recorded original instrument of transfer involving the development rights proposed to be used and any intervening instruments
of transfer through which the applicant became a transferee of those rights; or
(b)
A signed, written agreement between the applicant
and a proposed original transferor that contains
the plat of a proposed transferor parcel and other information required by § 18:1-102 of this Chapter 18:1 and in which the proposed transferor agrees to execute
an original instrument of transfer from the proposed transferor parcel to the applicant at the time when the use of such rights on the proposed receiving parcel is finally approved.
A.
Review of application. The Planning Director shall review the instruments of transfer or agreement
submitted with the application and determine their sufficiency to
fulfill the requirements of this article.
B.
Determination. The Planning Director shall:
(1)
Determine the number of development rights that are available for use under the terms of the instruments
submitted with the application;
(2)
Determine the number of development rights that this Chapter 18:1 allows to be used on the proposed receiving parcel; and
(3)
Report the preliminary determination of the Planning Director in writing to the applicant within 30
days after all information necessary to make the determinations has
been received.
C.
Residential density, open
space, and net buildable area.
(1)
The following density, open space, and net buildable area standards
shall be used in the application of residential TDRs for residential
purposes.
(2)
For purposes of cluster and planned
residential development outside the critical area in the
E, SE, SR, UR, VC, GNC, SHVC, GVC, TC, and CS Districts:
(3)
For purposes of cluster and planned
residential development inside the critical area in the E,
SE, SR, UR, VC, GNC, SHVC, GVC, and TC Districts:
(4)
For purposes of cluster and planned
residential development in the CS District located within
the Critical Area Resource Conservation Area:
(a)
The maximum density permitted
for a receiving parcel may be increased to one dwelling unit per five acres;
(c)
The receiving parcel shall
maintain a minimum sixty-percent open space ratio,
and the overall open space ratio for the receiving parcel and transferor parcel combined
may not be less than 85%.
(5)
For purposes of single-family large-lot, cluster,
and planned residential development in the NC District
located within the Critical Area Resource Conservation Area:
(a)
The maximum density allowed
for a receiving parcel shall be the base density as determined by the minimum lot size required for the district;
(c)
For cluster and planned residential
developments in the NC-5, NC-2, and NC-1 Districts, a minimum
forty-percent open space ratio shall be maintained;
in the NC-20, NC-15, and NC-8 Districts, a minimum thirty-percent open space ratio for the receiving parcel shall be maintained; and the overall open space ratio for the receiving parcel and transferor
parcel combined may not be less than 85%.
(6)
For the purposes of cluster and planned
residential development in SMPD, CMPD, and GPRN Districts
outside of the critical area:
(7)
For the purposes of cluster and planned
residential development in SMPD, CMPD, and GPRN Districts
inside the critical area:
D.
Nonresidential intensity and floor area.
(1)
The following intensity and floor area standards shall be used in the transfer of development rights for nonresidential purposes.
(2)
For purposes of nonresidential development in the VC, TC, SC, UC, and SI Districts and in the same zoning districts
with a critical area (IDA) designation:
(3)
In the AG District, eight acres of land shall be permanently deed restricted as open space for each 200 square feet of floor area and 500 square feet of impervious
area transferred to the receiving parcel.
(4)
In the CS District located within the Critical
Area Resource Conservation Area, 20 acres of land
shall be permanently deed restricted as open space, in accordance with § 18:1-12 of this Chapter 18:1, for each 1,000 square feet of floor area and 2,500 square
feet of impervious area transferred to the receiving parcel.
A.
When final. Transfer from a transferor parcel to a receiving parcel is final at the time when:
B.
Required instruments. Final approval may not be given
to any site plan or subdivision plan
that involves the use of development rights transferred
under the provisions of this article until satisfactory evidence is
presented that such of the following instruments as may be required
to effect transfer of those rights to the County Commissioners have been approved as to form and legal
sufficiency by the attorney to the Planning Commission and recorded among the land records of the County:
(1)
An original instrument of transfer to a transferee, other than the County
Commissioners;
(2)
An instrument of transfer to
the owner of the receiving parcel;
(3)
Instrument(s) of transfer between
any intervening transferees; and
(4)
An instrument of transfer from
the owner of the receiving parcel to the County Commissioners.
