§ 17.4.605. Transferable development rights overlay zone.

A.

Legislative intent. The intent and purpose in establishing the TDR overlay zone are to:

1.

Promote the preservation of agricultural lands, rural open space, scenic vistas, and natural features for the benefit of the citizens of the city.

2.

Discourage development in areas deemed hazardous.

3.

Provide compensation to the owners of property from which development rights are transferred.

4.

Provide a method whereby development rights may be transferred from sending sites to receiving sites in order to accomplish the purposes set forth in subsections 1., 2. and 3. above.

B.

Applicability. The procedures and requirements of this chapter shall apply to the creation and transfer of development rights from sending sites to receiving sites within the city.

C.

TDR overlay zone established; sending and receiving sub-zones delineated.

1.

The parcels of real property which may be preserved and protected by the transfer of development rights from such parcels are those located within a designated sending area. Those parcels of real property which are suitable for using development rights transferred from sending sites are those parcels located within a designated receiving area.

2.

To more adequately implement the objectives of the zone and facilitate the administration thereof, there is hereby adopted a transfer of development rights eligibility map (TDR eligibility map), which map shall constitute an overlay zone within the city. The boundaries of the TDR eligibility map may be amended from time to time.

3.

The TDR eligibility map is further delineated into two sub zones, as follows:

a.

TDR-sending area sub-zone. The specific areas within the city eligible for designation as a development rights sending site shall be those areas shown on the TDR eligibility map and designated as TDR-S.

b.

TDR-receiving area sub-zone. The specific areas within the city eligible for designation as a development rights receiving site shall be those areas shown on the TDR eligibility map and designated as TDR-R.

D.

Transferable development rights; creation of sending sites.

1.

In order to be eligible to transfer one or more development rights from a parcel of property (sending site), such property shall be located within a TDR-S sub-zone, as shown on the TDR eligibility map. An area may be designated as a TDR-S sub-zone by action of the city or upon request of the owner of such property, pursuant to rezoning procedures set forth in Title VI of this code.

2.

The number of development rights attached to a particular sending site shall be determined and transferred by applying the following rules:

a.

Within the SP shoreline preservation zone, the total number of development rights which may be created for a sending site shall be one dwelling unit for each five acres. This shall be construed as the base density for the SP shoreline preservation zone.

b.

Within all zones except the SP shoreline preservation zone:

(i)

The total number of development rights which may be created for a sending site shall be equal to one-half of the site's base zone density, as established pursuant to the terms of the underlying zone.

(ii)

The number of development rights to be transferred at any one time may be determined by the sending site owner, so long as the total number of rights transferred does not exceed the total number of development rights associated with the sending site.

3.

The number of development rights applicable to a sending site shall be as determined by the city, in accordance with the criteria set forth under subsection 2. above. A certificate showing the number of development rights appurtenant to a sending site shall be issued by the city, subject to the prior request of the owner.

4.

Development rights shall be created and transferred only by means of documents, including a conservation easement, which meet the requirements of this section. No transferable development rights certificate shall be issued, and no development rights shall be transferred, unless and until a conservation easement is recorded among the land records of Utah County, Utah, on the property from which such development rights originate.

5.

The transfer of any development rights from a sending site shall be evidenced by a notice recorded among the land records of Utah County, Utah, in a form approved by the city council, after receiving a recommendation from the planning commission. Such notice shall indicate;

a.

The total number of development rights which may be transferred from the sending site;

b.

The number of development rights actually transferred at the time the notice is recorded;

c.

The number of development rights remaining; and

d.

Notice to any potential buyer of the sending site that: (i) some or all of the development rights appurtenant to the parcel may have been transferred from the property; and (ii) the buyer should contact American Fork City officials to determine the number of development rights, if any, remaining on the sending site.

6.

Upon completion of action to transfer some or all of the development rights from a parcel within the TDR-S sub-zone:

a.

A copy of the TDR eligibility map (or such other map as the city may maintain for that purpose) shall be prepared showing the boundary of the sending site, with an indication that the parcel(s) therein constitute a site from which some or all of the development rights have been transferred.

b.

Such indication shall include a notation of the total number of development rights which have been transferred from the property, the number remaining, if any, and the location of the receiving zone to which said development rights have been transferred.

E.

Transferable development rights—Receiving sites.

1.

In order to be eligible to transfer one or more development rights to a parcel of property, such property shall be located within a TDR-R sub-zone, as shown on the TDR eligibility map. An area may be designated as a TDR-R sub-zone by action of the city or upon request of the owner of such property, pursuant to rezoning procedures set forth in this code.

2.

The city council, after receiving a recommendation from the planning commission, may approve a subdivision or a site plan for a receiving site at a density which equals the base zone density of the receiving site plus the number of development rights which will be transferred to such site. Notwithstanding the foregoing, the development density of a receiving site shall not be increased above thirty percent of the maximum density of the underlying zone or the development density recommended for such site by the general plan, whichever is less.

3.

The maximum number of development rights eligible for transfer to a receiving site shall be as determined by the city, in accordance with the criteria set forth under subsection 2. above. A certificate showing the number of development rights appurtenant to a receiving site shall be issued by the city, subject to receipt of a request from the owner.

4.

Upon completion of action to transfer development rights to the receiving site within the TDR-R sub-zone:

a.

A copy of the TDR eligibility map (or such other map as the city may maintain for that purpose) shall be prepared showing the boundary of the receiving site, with an indication that the parcel(s) therein constitute a site to which development rights have been transferred.

b.

Such indication shall include a notation of the total number of development rights which have been transferred to the receiving parcel, and the location of the sending site from which said development rights have been transferred.

c.

A certificate shall be issued to the property owner by the city recorder indicating the total number of development rights which may be transferred to the property.

F.

Development approval procedures.

1.

A request to utilize development rights on a receiving site shall be in the form of a PUD development plan submitted in accordance with regulations contained in chapter of this code.

2.

The city council, after receiving a recommendation from the planning commission, shall approve a request to utilize development rights on a receiving site if the request:

a.

Does not exceed the density limitations permitted by subsection E.2. above;

b.

Is in accordance with the provisions of this chapter;

c.

Conforms with the large scale development, subdivision, site plan or other applicable regulation of this code;

d.

Is consistent with other recommendations of the American Fork General Plan; and

e.

Achieves a desirable development compatible with both site conditions and surrounding existing and proposed future development.

3.

A final plan for a PUD, subdivision or a site plan which uses transferred development rights shall contain a statement setting forth the development proposed, the zoning classification of the property, the number of development rights used, and a notation of the recordation of the conveyance required by subsection B.6.b. above.

G.

Development standards.

1.

The following development standards shall be applicable to receiving sites.

a.

Each development in a TDR-R Overlay zone shall conform to the development standards and permitted uses as required by the underlying zone, except as may be modified by the provisions of this section. In such case, the standards of this section shall apply.

b.

If density proposed on a receiving site exceeds the density permitted by the underlying zone, the planning commission may recommend a development project design which may be at variance with the specific standards for such project as set forth in the development code, subject to a determination that the proposed plan:

(i)

Has a design which: (A) provides a range of housing types; (B) takes advantage of existing topography and other natural features; (C) achieves a mutually compatible relationship between the proposed development and adjoining land uses; and (D) implements the policies set forth in the general plan; and

(ii)

Make findings regarding the matters set forth in subsection (i).

2.

The following development standards shall be applicable to sending sites.

a.

The uses permitted on a sending site shall be those uses allowed by the underlying zone, subject to the zone requirements applicable to the site, except as may be diminished by the transfer of the development rights therefrom.

b.

The total number of dwelling units which may be constructed on a sending site shall be the number of units allowed by the underlying zone upon the property, minus all development rights transferred therefrom.

H.

Conservation easement required.

1.

A conservation easement shall be established on each sending site from which development rights are transferred.

a.

In the SP shoreline protection zone and in situations where all development rights attached to a sending site are transferred, the easement shall cover the entire sending site.

b.

If only a portion of the development rights attached to a sending site are transferred, the easement shall include an area equal in amount to the combined lot area for the number of development rights transferred.

2.

The conservation easement required by this section shall be in a recordable form approved by the city attorney and shall meet the requirements of Section 57-18-1 et seq. of the Utah Code. The conservation easement shall also include the following terms.

a.

The holder of the easement shall be American Fork City, another governmental entity, or a charitable organization which:

(i)

Qualifies as being tax exempt under Section 501(c)(3) of the Revenue Code; and

(ii)

Is organized in whole or in part for the purpose of accepting and managing conservation easements.

b.

The easement shall require that the easement area shall be maintained as it exists when the easement is created, including natural area, wildlife preserves, trails, or other identified environmental or open land resources. Notwithstanding the foregoing, the city council, after receiving a recommendation from the planning commission, may approve the construction of improvements within the easement area upon a finding that such improvements will be in harmony with the purposes of the easement and intent of this chapter.

c.

The easement shall include a reference to the extinguishment of the development rights transferred from the sending site. If additional rights are transferred after the recordation of a conservation easement, the easement shall be amended to reflect the extinguishment of those additional rights and shall be recorded thereafter.

d.

All parties who have declared an interest in the property, recorded on the books of the Utah County Recorder, must consent to the granting of a conservation easement.

3.

If the holder of a conservation easement proposes to transfer the easement to another entity, the recipient of any transferred interest shall meet the requirements of this section.

I.

Definitions. For purposes of determining compliance with this Section 17.4.605 the following definitions shall apply:

1.

The term "development rights" shall mean the potential for the improvement of a legally established parcel of real property, existing as a result of the zone classification of the of the parcel. One development right shall be equal to the authority to establish and maintain one dwelling unit.

2.

The term "transfer of development rights" shall mean the conveyance of one or more development rights, by deed, easement or other legal instrument to another parcel of land in accordance with the requirements of this Section 17.4.605 of this code.

3.

The term" receiving area" shall mean the geographic area designated on the TDR eligibility map as a TDR receiving area sub-zone (TDR-R) within which one or more receiving sites may be located.

4.

The term" sending area" shall mean the geographic area designated on the TDR eligibility map as a TDR sending area sub-zone (TDR-S) within which one or more sending sites may be located.

5.

The term "receiving site" shall mean a legally created parcel of real property, situated within the geographic area designated on the TDR eligibility map as a TDR receiving area sub-zone, to which development rights are transferred in accordance with the requirements of Section 17.4.605 of this code.

6.

The term "sending site" shall mean a legally created parcel of real property, situated within the geographic area designated on the TDR eligibility map as a TDR sending area sub-zone, from which development rights are transferred in accordance with the requirements of Section 17.4.605 of this code.

7.

The term "transfer of development rights eligibility map" shall mean that certain map, as adopted by the city, delineating those areas of the city within which development rights may be transferred from one site to another.

8.

The term "base density" shall mean the maximum number of dwelling units permitted by the underlying zone applicable to a specific sending or receiving site.

(Ord. No. 05-05-18)