After development rights have been transferred from a sending parcel, the following shall apply:
A. The sending parcel may be used only for the other nonresidential, accessory or conditional uses permitted in the underlying zone district, after transfer of development rights. 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).
B. All certified transferable development rights and the value of such rights shall be deemed for all other purposes to be appurtenant to the sending parcel until such rights are transferred by a recorded deed of transfer.
C. Nothing in such restrictions shall be construed to convey to the public a right of access or use of a sending parcel; the owner of the sending parcel and the owner's heirs, successors and assigns shall retain the exclusive right to such access or use subject to the terms of the TDR easement.
D. The use of a parcel from which development rights have been transferred remains subject to the other restrictions of the underlying zone district.
E. A property owner may designate only a portion of his property as a TDR sending area. Portions that are not so designated shall retain the base density permitted in the underlying zone district. (Ord. 2006-06, 6-29-2006; amd. Ord. 2021-15, 9-21-2021)
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