Embedded Files
The issuance and use of TDR certificates is completed through either the Administrative Review process or the One-Step Review process, as outlined in Table 2-1. These provisions supplement those provisions in Sec. 2-30-20 and 2-30-30, and in case of conflict, these provisions govern. The documentation produced shall be as specified in subsection (a) below and the criteria used shall be those in subsections (b) below and Sec. 6-70-40.
(a) Documentation
- Irrevocable TDR certificates
- A property owner who wishes to sell a TDR from a sending site shall first obtain an irrevocable certificate of TDRs (TDR certificate) from the Community Development Department through either the Administrative Review or One-Step Review (as shown in Table 2-1). A TDR certificate shall only be issued where the sending site meets all of the standards and criteria set forth in Sec. 6-70-40. A TDR certificate must be issued concurrently with the severance of the development right from the Sending Site and execution of a restrictive covenant for the Sending Site.
- Re-issuance of TDR certificates
- If an irrevocable TDR certificate is lost or destroyed after issuance by the County and prior to surrender for use in a proposed development, the County will re-issue the Certificate of TDRs to the current owner. No Certificate shall be re-issued unless the owner of the TDR submits a signed and notarized affidavit confirming the loss or destruction of the certificate and agreeing that if the original TDR certificate is later found it will be surrendered to the County and shall be of no further force and effect. All re-issued TDR certificates shall bear the same number as the Certificate that they replace, and shall state that any TDR Certificate bearing the same number and an earlier issue date shall be invalid.
- Restrictive Covenant of Sending Site
- Concurrent with the issuance of a TDR certificate, the owner of the Sending Site shall execute and record a restrictive covenant on the parcel that acknowledges that the development right has been severed from the parcel and that future development as defined by this Land Use Code, is prohibited. The covenant shall be a form approved by the County Attorney.
- Sale of TDRs
- An irrevocable TDR certificate may be sold, transferred or conveyed. The sale, assignment, conveyance or other transfer or change in ownership of transferable development rights certificates must be reported to the Pitkin County Community Development Office within five (5) days of such transfer. The report of such transfer shall disclose the certificate number, the grantor, the grantee and the total value of the consideration paid for the certificate. Failure to timely and accurately report such transfer may render the transferable development right certificate void.
- Development Rights Appurtenant to Land
- The owner of any parcel of land from which development rights may be transferred, may transfer those rights at any time to any person, provided, however, that the use rights and the value of those use rights shall be deemed for taxation and all other purposes to be appurtenant to the land until such time as the rights are severed from the land pursuant to issuance of an irrevocable TDR certificate and recordation of a preservation restrictive covenant. Upon severance of the use rights from the land, the value of the land for taxation purposes will be re-assessed.
(b) Approval of TDRs for Constrained Sites
Pursuant to Sec. 6-70, the Board may consider applications to sever TDRs from Constrained Sites as follows:
- The Board shall determine that principles of equitable mitigation merit the issuance of TDRs.
- Transferable Development Right(s) recognized and certified pursuant to this section, may be obtained for property encumbered by a conservation easement provided that the conservation easement is granted in conjunction with the procedures contained in this section following a determination by the Community Development Department that the lot or parcel is undevelopable or is severely restricted and prior to the issuance or certification of the TDR(s).
- The determination that a property is developable, severely restricted or undevelopable pursuant to this section is merely a procedure to allow the Board to grant Constrained Site Transferable Development Right(s) at the request of a property owner, and shall not be considered a final decision as to the beneficial, productive and/or economically viable uses that may be available to the property.
(c) Relationship to GMQS Scoring System
The creation of a new development right or a permitted increase in floor area may also be accomplished through receipt of a GMQS allocation pursuant to Sec. 2-40-40, or through a combination of TDR purchases and GMQS allocations. The purchase of TDRs for these purposes avoids the need for an applicant to compete in the GMQS for the same purposes. Similarly, receipt of a GMQS allocation for these purposes avoids the need for an applicant to purchase a TDR certificate for the same purpose.
(d) Relationship to Other Approvals
Except as described in above, the purchase and use of a TDR certificate to obtain a development permit does not remove any requirement to obtain other types of development permits. More specifically, the use of a TDR to create a new development right or to increase the permitted floor area of a single family dwelling does not remove the requirement to identify an activity envelope or to obtain Site Plan approval prior to submittal of a building permit application. A development application may be reviewed and approved contingent upon the applicant obtaining a required TDR prior to filing an application for a building permit.
(e) Vested Right
Although the purchase and sale of TDRs includes the issuance of irrevocable Certificates of TDR, the purchase and sale transaction does not involve a Site Specific Development Plan, as defined in Sec. 2-20-170(b), and does not result in the creation of a vested right. Subsequent use of the purchased TDRs on a Receiving Site through the approval of a Site Specific Development Plan will establish a vested right.
(Code repealed and reenacted (all sections) by Ord. 014-D-2006, 07-05-06; § 2-40-30 amended (part) Ord. 019-09, 06-24-09)
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