Transferable development rights within a sending area are calculated for certification as follows:
A. The number of development rights for a sending parcel shall be calculated based on a maximum density of one dwelling unit per twenty (20) acres.
B. Notwithstanding the foregoing provision, in calculating the number of development rights, the following property shall be subtracted from the total acreage of the parcel:
1. Any part of said parcel that is subject to, or encumbered by, a conservation easement, Idaho department of fish and game easement, or other easement that restricts or prohibits development of the parcel; provided, however, that the total number of certified TDRs may not exceed the total number of development rights retained pursuant to any such easement.
2. Any part of said parcel located within a public road right of way, or within a recorded access easement.
3. Any part of said parcel located within Blaine County's floodway as defined in title 9, chapter 17 of this code.
C. The minimum size for any sending parcel from which development rights will be removed and transferred 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 may be forty (40) acres.
D. Any fractional development right exceeding 0.5 (1/2) shall be rounded up to the nearest whole number. (Ord. 2006-06, 6-29-2006)
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