A. Voluntary Development Rights Transfer: If a property is located within the TDR sending area or other designated A-40 TDR sending area, the property owner shall have the option to voluntarily transfer all or a portion of the maximum permissible density to a designated TDR receiving area pursuant to the provisions of title 10, chapter 10 of this Code.
B. Minimum Area: The minimum area of a parcel that may be designated for transfer of development rights shall be one hundred sixty (160) acres except for smaller legal parcels in existence on July 5, 2006, for which the minimum size for a transferring parcel shall be forty (40) acres.
C. Maximum Base Density Prior To Transfer: The base density within the TDR sending area shall be one dwelling unit per twenty (20) acres for purposes of calculating the maximum number of development rights to be transferred. The area of all delineated wetlands and wetland setback areas within a sending parcel may be included in calculating maximum base density for purposes of a TDR transfer.
D. Site Density After TDR Transfer: After transfer of development rights, the remaining maximum allowable density on the sending parcel shall be one dwelling unit per one hundred sixty (160) acres or fraction thereof. (All fractions below 1/2 shall be rounded down for purposes of calculating maximum number of allowable units on the sending parcel.) For sending parcels less than one hundred sixty (160) acres, the maximum allowable density after transfer shall be one unit regardless of the size of the parcel. An existing dwelling unit on a sending parcel shall be counted against this maximum allowable density. TDR rights shall be retained in order to develop on a sending parcel to match the underlying zoning (For example: 2 TDRS shall be retained to develop one dwelling unit and associated accessory uses in the A-40. 1 TDR shall be retained if developing one dwelling unit and associated accessory uses in the A-20 zoning district). (Ord. 2006-05, 6-29-2006; amd. Ord. 2021-15, 9-21-2021)