6-70-30 Number of TDRS Created and Required

(1) RR and TR-1 Zone Districts

In the RR and TR-1 zone districts, one TDR may be severed and sold for every thirty-five (35) acres of each Sending Site, provided that fractions of TDRs shall not be considered. A legally created lot or parcel less than thirty-five (35) acres in size may sever and sell one (1) TDR. The transfer of less than one (1) TDR, or any fractional interest of less than a whole number, is prohibited. The following chart illustrates the number of TDRs by size of the Sending Site:

TABLE 6-13: TDRs Available By Acreage

Acreage of Preservation Site Number of TDRs

• 35 acres or less 1 TDR
• 60 acres 1 TDR
• 70 acres 2 TDRs
• 90 acres 2 TDRs
• 135 acres 3 TDRs
• 140 acres 4 TDRs

(2) TR-2 Zone District

• TDRs may be severed and sold from lands within the TR-2 zone district at the rate of one (1) TDR per ten (10) acres for properties as they were configured as of January 26th, 2005. A legally created lot or parcel less than ten (10) acres in size may sever and sell one (1) TDR. The transfer of less than one (1) TDR, or any fractional interest of less than a whole number, is prohibited.

(3) CD-PUD Zone district

• TDRs may be severed and sold from lands within the CD-PUD zone district at the rate of one (1) TDR per thirty-five (35) acres, excluding the first one hundred sixty (160) acres that are developed pursuant to the standards for the Residential Development or Commercial Agricultural Development Options.

(4) Constrained Sites

• The Board may allow one (1) or more development rights to be severed and transferred from a site, provided the site meets the criteria for Constrained Sites in Sec. 6-70-40(a)(7).

(5) Visually Constrained Sites

• The Board may allow one (1) development right to be severed and transferred from a site, provided the site meets the criteria for Visually Constrained Sites in Sec. 6-70-40(a)(8).

(6) Limited Development Conservation Parcels

• Provided the site meets the criteria for Limited Development Conservation Parcels in Sec. 6-70-40(a)(9), TDRs may be severed and sold at the rate of one (1) TDR per thirty-five (35) acres. In calculating parcel size for purposes of determining number of potential TDRs, seventy (70) acres shall be deducted for each legal dwelling unit that exists on the property. If no dwelling units exist on the property, and the property was legally created before June 12, 1978, the entire parcel acreage can be used for purposes of determining number of potential TDRs.