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TDR Today

TDR Today. Current Programs Throughout the U.S. 74,563 Population (2000 Census) Sending Sites: Agriculture Preservation District (APD) Zoned 1/25 acre Transfer rates 1/5 acre Difference in Sending Sites Land in APD only at request of owner Receiving Sites:

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TDR Today

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  1. TDR Today Current Programs Throughout the U.S.

  2. 74,563 Population (2000 Census) Sending Sites: Agriculture Preservation District (APD) Zoned 1/25 acre Transfer rates 1/5 acre Difference in Sending Sites Land in APD only at request of owner Receiving Sites: Farm Communities/ Resource Protection District Rural Community District 1/10 acre -1/2 acre (Downtown) Agriculture Preservation Advisory Board APD can be removed after 5 years Why It’s Working Profitable People want to farm Purchase and Retirement (PAR) Developable receiving sites Marketing and Educating County participation Unique Feature: TDR sold, entire property under a conservation easement *8,900 Acres Preserved (2001) Calvert County

  3. TDR Sales 1980-2001

  4. 871,341 Population (2000 Census) 323,000 Acres 1980 TDR Program Sending: Rural Density Zone (RDT) Zoned 1/25 w/ exceptions Receiving: Zoning Districts Two density limits Baseline Higher limit control Incentives Speed of Approval County Development Rights Fund (1982-1990) Savings: 68 million in public expenditures Why It’s Working: TDR main option for exceeding base zoning Location: near Washington D.C. Easy and Predictable Educating the public What’s Not Working: Approval Process Inequities in Compensation Incorporated Municipalities No Participation *40,583 Acres Saved (2000) Montgomery County

  5. Seven Counties 53 Municipalities Pop. 700,000 Total 938,000 acres Close proximity to Philadelphia, New York, Atlantic City. 1978 Congress created Pinelands National Reserve 1979 New Jersey passed Pinelands Protection Act 1981 Comprehensive Management Plan enacted The Pinelands, New Jersey

  6. Pinelands Commission 15 member Commission + Executive director of 50 person staff Works on Federal, State, County & Municipal levels Managed CMP, Oversees PDC Banks Comprehensive Management Plan(CMP) Land Use Regulation Land Management Voluntary TDR Program: Pinelands Development Credits (PDCs) Two PDC Banks $5 Million Initial funding from State General Fund Burlington County Pinelands Development Credit Exchange New Jersey Pinelands Development Credit Bank Responsibilities Program facilitator Administration Public Education Purchase PDRs & PDCs Hold Credits for developers Manage Website PDCs Value and Application 1 PDC = 4 units Can be used as collateral against loans Can be held as investment Used to increase density above current code in receiving areas The Pinelands, New Jersey Since the CMP has been implemented in 1981, PDCs have preserved over 55,000 acres of Environmentally Sensitive Areas and Farmland

  7. Characteristics of Functioning TDR Program • Public Education • Strong and Dynamic Leadership • Consistent regulatory process • TDR Bank • Ease of use • Public accessibility • Strong sense of place • Resource perceived as valuable • Appropriate receiving areas • Market Demand

  8. American Farmland Trust "Purchase of Development Rights and Transfer of Development Rights Case Studies" American Farmland Trust (2001). Aken, Jeff, Eckert, Jeremy, Fox, Nancy and Swenson, Skip. Transfer of Development Rights (TDR) in Washington State: Overview, Benefits, and Challenges." Cascade Land Conservancy (2008) Bratton, Nicholas, Eckert, Jeremy and Fox, Nancy. "Alternative Transfer of Development Rights (TDR) Transaction Mechanisms." Cascade Land Conservancy (2008) Jasey, Neil N. "State of New Jersey: Pinelands Development Credit Bank, Annual Report 2009." (August 2009), http://www.njdobi.org/pinelandsbank.htm (accessed March 21, 2010) Kaplowitz, Michael D., Machemer, Patricia, Pruetz, Rick. "Planners' experiences in managing growth using transfeable development rights (TDR) in the United States." Land Use Policy 25 (2008): 378-387. Machemer, Patricia L. and Kaplowitz, Michael D. "A Framework for Evaluating Transferable Development Rights Programmes." Journal of Environmental Planning and Management 45(6) (2002): 773-795. Montgomery, Carlton. "State of the Pinelands 2009: Annual Report." Pinelands Preservation Alliance (2009), www.pinelandsalliaance.org (accessed March 21, 2010). Pruetz, Rick. Beyond Takings and Givings: Saving Natural Areas, Farmland, and Historic Landmarks with Transfer of Development Rights and Density Transfer Charges. Marina Del Ray, California: Arje Press, 2003. U.S. Census Bureau. Calvert County Maryland (2000) http://quickfacts.census.gov/qfd/states/24/24009.html (Accessed March 25, 2010). U.S. Census Bureau. Montgomery, Maryland (2000) http://quickfacts.census.gov/qfd/states/24000.html (Accessed March 25, 2010). Walls, M. 2007 Transfer of Development Rights in U.S. Communities: Evaluating Program Design, Implementation and Outcomes http://www.rff.org/rff/Documents/Walls_McConnell_Sep_07_TD R_Report.pdf

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