(A) Major subdivision development proposals submitted after the effective date of this regulation and which permanently preserve areas of the site with slopes greater than 20% may transfer the development potential (building sites or floor area) of the permanently preserved area to the remainder of the site subject to the following limitations.
(1) The subdivision is not being developed under the “Alternative Development Incentives” of the Land Development Code.
(2) Areas to be permanently preserved are preserved in a manner acceptable to the Commission (for example, conservation easement, common open space, and the like).
(3) The area of the site to which development potential is being transferred is at least as large as the area from which development potential is being transferred (for example, if an applicant wishes to transfer development potential from three acres, the portion of the site to which development is shifted must be at least three acres).
(4) All lots in the proposed development meet the minimum alternative development incentive lot size of the applicable form district.
(5) All lots in the proposed development meet the height, yard, and setback requirements of the applicable form district.
(B) The maximum development potential allowable for transfer shall be determined by one of the following methods:
(1) One-half of the theoretical development potential based on the number of acres preserved and the existing zoning of the area to be preserved (for example, if three acres of an R-4 site is proposed for protection, then seven building sites could be transferred to other portions of the same property: 3ac x 4.84 units/acre/2 = 7.26 units); or
(2) The realistic development potential determined by an engineered development plan including a preliminary geotechnical feasibility study and meeting all other requirements of this chapter.
(C) Note: Although lot sizes are reduced, setbacks are not reduced for density transfer lots. Consistent appearance throughout the subdivision is intended.
(LDC § 4.7.7) Penalty, see § 155.999