A. In addition to the process described in section 18.92.070, development rights may be transferred from a sending property to a receiving property by any of the following procedures.
1. Use of development agreements for transfers. At the option of the owner of a sending property and/or a receiving property, development rights may be transferred from a sending property to the receiving property in connection with a development agreement related to the sending or receiving property. To exercise this option, the owner of the sending and/or receiving property shall submit to the County an application for development approval reflecting a restriction on development (in the case of a sending property) or permitting additional residential dwelling units or increased commercial, institutional, or industrial gross floor area (in the case of a receiving property) together with a development agreement offering to transfer or submit development right certificates representing the amount of development being restricted or the amount of additional development being requested. In the event the board of supervisors approves the development agreement, development approvals related to the additional development described in the development agreement shall not become effective until the required development right certificates have been submitted and retired. A development agreement may cover all or a portion of the lands within a sending or receiving property, and may also include lands outside of a sending or receiving area, provided that the provisions relevant to transfer of development rights do not affect the lands outside the sending or receiving area. A development agreement may not be used to achieve transfers of development rights from any area that is not a sending property or transfers of development rights to any area that is not a receiving property.
2. Amendment of existing development agreement. A development agreement executed before the adoption of this chapter may be amended to include provisions for the transfer of development rights, provided that the terms of the development agreement as amended (a) addresses land in a mapped sending area and/or a mapped receiving area, and (b) are consistent with A.R.S § 11-821.03, and (c) are consistent with the terms of this chapter.
3. Simultaneous platting of adjacent receiving and sending properties under common ownership. If the receiving and sending properties are owned by the same entity, provision of necessary documentation identifying the areas to be protected on the sending property may occur at the time of subdivision or development plan review, provided that the property owner submits subdivision plats or development plans for both the receiving and sending properties for review at the same time, or a single plat or development plan for both properties, and the plat or development plan for the sending property identifies the areas to be preserved. Final approval of the subdivision plat or development plan for the receiving property shall not occur until the subdivision plat or development plan for the sending property is approved.
(Ord. 2007-7 § 1 (part), 2007)