For the purpose of this title, the following shall apply:
A. Definitions:
RECEIVING PROPERTY: | A parcel of land which does not qualify for a residential building right, which is not designated as meeting the criteria set out in the definition of Sending Property of this section, and which does not create more than four (4) residences on an original parcel may qualify as a receiving property subject to the following conditions: a. Is designated as residential on the comprehensive plan but is not located within a city area of impact and is at least one (1) acre in size. b. Is designated as residential on the comprehensive plan, located within a city area of impact, is at least one (1) acre in size, and is in compliance with Section C of this section. Or c. Is designated agricultural preservation on the comprehensive plan, is contiguous and under the same ownership as the sending parcel. |
SENDING PROPERTY: | A parcel of land which qualifies for a residential building right may qualify as a sending property subject to the following conditions: a. Is located in an area designated as agricultural preservation on the comprehensive plan. b. Is zoned agricultural, designated residential on the comprehensive plan, is contiguous and under the same ownership as the receiving parcel. |
TRANSFER OF DEVELOPMENT RIGHTS: | The process by which development rights are transferred from one lot, parcel or tract of land in any sending area to another lot, parcel or tract of land in a receiving area. A transferred development right may also be referred to herein as a TDR. |
B. Application: In the event a person desires to move a development right for a residential building permit from one parcel of land which qualifies for a single-family residential building right to another parcel of land which does not qualify for a single-family residential building right, that person shall file an application for that purpose with the zoning administrator. The application shall include, but not be limited to, the following information:
1. A conceptual plan.
2. Information and vicinity map concerning the location and physical characteristics of the receiving property.
3. Information relating to the irrigation of the sending and receiving properties which describes the availability of water, the nature of the irrigation delivery and application systems and any changes which will result from or be required by the transfer of a development right.
4. If the receiving property lies within an irrigation district and will receive water from such district, the applicant must demonstrate in writing that the applicant has met with and obtained a recommendation from the district affected by the application. Applicant shall provide a plan, easement, and agreement to deliver water to all parcels created.
5. Receiving property shall provide a dedicated easement for utilities and future road expansion.
6. Proof of ownership of both the sending and the receiving property.
7. The planning and zoning administrator shall have the authority to require additional specific information relevant to the consideration of any application.
8. An application fee as prescribed by resolution of the Board.
C. City Review: If the receiving property lies in a city impact area, the administrator shall forward the application to the appropriate city for review and comment before the application may be considered for approval or denial. The city shall submit their comment letter no more than forty-five (45) days following receipt of the application from the county. If the city responds with an unfavorable recommendation, a public hearing shall be scheduled, with the applicant being responsible for all public hearing fees. If the city fails to respond, the administrator shall proceed with processing the application for approval or denial.
1. City Impact Area: The city shall include in their recommendation letter:
a. The building site is or is not compatible with the city’s expansion plans.
b. The building site does or does not interfere with any projected rights of way.
2. The applicant shall enter into a written agreement with the county to provide dedicated easements for future expansion of city water, sewer, sidewalk, and street systems, consistent with any county code provisions applicable to the city impact area in which the applicant’s receiving property is located. The county shall provide the affected city with a copy of the draft agreement for review and comment.
D. Notice to neighboring landowners and public notice shall be provided as required by law. If no objection is received to the proposed transfer, the planning and zoning administrator shall determine if the request for a transfer of development right complies with the requirements set forth in this section and either approve or deny the application based thereon. If the administrator receives objection(s) that the sending and/or receiving parcel(s) do not qualify or the application does not meet the criteria set out in paragraph B of this code, a public hearing shall be held before the planning and zoning commission.
E. Disqualification From Further Permits:
1. Upon the transfer of a development right, the sending parcel shall be disqualified in perpetuity from receiving any further TDR building rights.
2. Sending parcels that are designated agricultural on the comprehensive plan shall be disqualified from residential rezone for a period of 50 years.
3. Sending properties that are designated agricultural on the comprehensive plan shall be disqualified from commercial or industrial rezone except for agricultural purposes. Such properties may be rezoned with a development agreement as described in Idaho Code section 67-6511A and section 8-5-11 of this title, with the following additional restrictions and conditions:
a. The development agreement will only be approved on condition that the development is directly beneficial to local agricultural operations.
b. The burden shall be on the applicant to show that the proposed development is consistent with the goal of preserving agricultural ground, and the loss of agricultural ground is justified.
c. The application for a development agreement may be approved or denied based on the same standards identified in section 8-9-3 of this title.
d. The development agreement shall be required even when the use does not require a rezone but would otherwise be barred as the result from a transfer of a development right.
e. If the proposed use requires a rezone of the property and the approved use ceases at any point, the comprehensive plan designation and the zoning shall automatically revert to agricultural with no notice or public hearing.
F. Sale of Development Right: No person may be required to sell a development right.
G. Time Limit: The development right shall stay with the receiving property and shall not be further transferred.
H. Within ninety (90) days of approval of a transfer of development right, applicant shall have the receiving property surveyed by a licensed land surveyor. The ninety (90) days may be extended by the planning and zoning administrator for good cause. Said survey shall clearly label existing boundary lines, new property boundary lines, right of ways, and easements, and shall follow generally accepted practices in the survey industry. Applicant shall provide and record deeds with complete legal descriptions, as defined in Idaho Code sections 63-209 and 63-210, describing the two segregated properties. Upon approval and acceptance of the recorded deeds, the zoning administrator shall prepare a document entitled “Transfer of a Development Right Agreement”. The agreement shall include the names and addresses of the seller and buyer, the legal description of the sending and receiving properties, and any conditions imposed thereon. The agreement shall be signed by all owners of the sending and receiving property and the chairman of the board of county commissioners, and the signatures shall be notarized in a manner that the agreement can be recorded. The buyer shall record the Transfer of a Development Right Agreement at the office of the Payette County Clerk and shall deliver a copy of the recorded document to the zoning administrator. The agreement must be recorded within thirty (30) days of completion of the survey or the approval will be withdrawn and the application process will have to start over with no refund of fees.
I. Water Rights: A transfer of a development right does not transfer any water rights. Any water rights remain with the sending parcel. If irrigation water is available with the receiving parcel and a segregation from the parent lot is warranted, a water delivery plan shall be required. The irrigation system shall not add additional weirs or diversions from the main ditch.
J. Signatures: No transfer of a development right will occur without the voluntary acceptance of the landowner of the development right and any land use restrictions conditional to such acceptance and the signature of all lien holders and other parties who have an interest in the sending parcel. In the event a development right is transferred without the permission or signature of a lien holder or a party in interest, the purported transfer shall be void ab initio. To ensure that the board has the information required by this section, at the time an application for a transfer is submitted, the applicant shall provide the zoning administrator with a title report from a title insurance company, which report shall show all lien holders and all parties who have an interest in the property from which the development right is being transferred.
K. Recommendation and Reasoned Statement: After determination is made by the administrator, or the planning and zoning commission if a public hearing is required, the administrator shall forward a recommendation to the board. The board may hold its own public hearing or may rely upon the recommendation and the record presented by the administrator. The board shall then grant or deny the request. In determining if the request is or is not consistent with the criteria of this section, the board shall make a reasoned statement as required by Idaho Code sections 67-6519 and 67-6535.
L. Precedents: The issuance of a permit under these circumstances shall not be precedent setting.
M. Compliance With Applicable Subdivision Requirements: Permits issued pursuant to this section shall not exempt any parcel, lot, tract or property from complying with any applicable subdivision requirements.
N. Justification For Transfer: The transfer of a development right shall be discretionary with the board. The burden shall be upon an applicant to show that conditions exist which would justify a transfer.
O. Appeal: Any person aggrieved by the granting or denial of a request for a TDR may appeal by following the procedures set out in the code.
P. Penalty: Any violation of this section shall be a misdemeanor punishable by not more than six (6) months in the Payette County Jail or a fine of not more than $1,000.00 or both. (Ord. 2016-2, 8-29-2016; amd. Ord. 2021-06, 9-13-2021; Ord. 2023-04, 4-10-2023)