Transfer Development Rights (TDR)

Transfer Development Rights (TDR) is a zoning ordinance mechanism designed to protect land designated for low-density development or conservation by allowing property owners to trade development rights.

Definition

Transfer Development Rights (TDR) is a specialized zoning ordinance that permits property owners of lower-density or conservation-zoned land to sell their unused development rights to other property owners. This market-based approach helps preserve open spaces, historic sites, and agricultural lands by shifting development to areas better suited for higher density structures.

How It Works

  1. A local government identifies sending and receiving areas.
  2. Landowners in the sending area, typically zoned for low-density or conservation use, are permitted to sell their unused development rights.
  3. Landowners in the receiving area can then purchase these development rights, allowing them to increase the density of their developments beyond standard zoning limits.

Example

Two adjacent landowners, A and B, are each allowed to build a ten-story office building. By purchasing A’s unused development rights via TDRs, landowner B can construct a twenty-story building, while landowner A’s land remains undeveloped or used for a lower-density purpose.

Examples

  1. Urban High-Rise Extensions
    • In a densely populated city, an office building in a zoned low-density area sells its development rights to another office building in a higher-density zone, enabling a vertical expansion.
  2. Conservation of Farmland
    • A rural farmland is preserved under TDR by selling its development rights to a suburban developer, allowing more residential units there without expanding into rural lands.
  3. Historic Preservation
    • An owner of a historic property sells development rights, ensuring the site remains unaltered while the buyer increases development potential elsewhere.

Frequently Asked Questions

What Are Sending and Receiving Areas in TDR?

  • Sending Areas are designated zones where development rights can be sold. These typically include low-density zones, historic sites, or conservation lands.
  • Receiving Areas are zones where additional development rights can be purchased and utilized, often regions targeted for urban growth.

How Do TDRs Benefit the Community?

TDRs help to:

  • Preserve green spaces, farmlands, and historic sites
  • Promote smart growth by concentrating development in suitable areas
  • Reduce urban sprawl

How Are TDR Prices Determined?

TDR prices are determined by market supply and demand. The value varies based on the potential for development in receiving areas and the willingness of landowners in sending areas to sell their rights.

Does Participation in TDR Programs Require Mandatory Compliance?

No, participation in TDR programs is typically voluntary. It incentivizes landowners to conserve lands or reduce densities by offering an economic benefit.

Are TDR Transactions Publicly Recorded?

Yes, TDR transactions are usually documented in public records to provide transparency and ensure proper transfer and utilization of development rights.

Zoning Ordinance

A regulation that defines how property in specific geographic zones can be used. It covers land use designations such as residential, commercial, industrial, and agricultural.

Density Bonus

An incentive-based tool that permits developers to build additional units beyond the base density in exchange for fulfilling certain community goals, such as affordable housing or green building practices.

Urban Growth Boundary (UGB)

A regional boundary designated to control urban sprawl by delineating areas intended for higher-density urban development from those preserved for rural use or open space.

Online Resources

  1. Understanding TDR Programs by American Planning Association
  2. Smart Growth America: TDR Toolkit
  3. TDR 101 by Transfer of Development Rights Foundation

Suggested Books

  1. “Transferable Development Rights Programs: An Economic and Policy Analysis” by John P. R. Beckman
  2. “The TDR Handbook: Designing and Implementing Transfer of Development Rights Programs” by Arthur C. Nelson, Rick Pruetz, and Doug Woodruff
  3. “Planning and Urban Design Standards” by American Planning Association

Fundamentals of Transfer Development Rights (TDR): Urban Planning Basics Quiz

### What does TDR stand for in urban planning? - [ ] Transfer Density Regulation - [ ] Temporary Development Rule - [x] Transfer Development Rights - [ ] Transitional Design Regulation > **Explanation:** TDR stands for Transfer Development Rights, a zoning tool that allows one property owner to transfer development rights to another. ### What is the primary purpose of TDR? - [ ] To increase urban sprawl - [x] To preserve low-density areas and shift development to appropriate areas - [ ] To limit all forms of development - [ ] To raise taxes on development > **Explanation:** The primary purpose of TDR is to preserve low-density or conservation areas by allowing development rights to be transferred to regions better suited for higher density. ### What are 'sending areas' in TDR terminology? - [x] Areas where development rights can be sold - [ ] Areas designated for maximum development density - [ ] Commercial zones - [ ] Newly developed areas > **Explanation:** Sending areas are regions where property owners can sell their unused development rights, typically to protect low-density or conservation zoning. ### Which of the following is NOT typically a sending area? - [ ] Agricultural land - [ ] Historical sites - [ ] Low-density residential zones - [x] High-density commercial zones > **Explanation:** High-density commercial zones are usually not sending areas; instead, they are often receiving areas in the TDR framework. ### Where can purchased development rights be used? - [ ] Only within the original property - [ ] Internationally - [x] In designated receiving areas as per the zoning plan - [ ] On any land parcel within 50 miles > **Explanation:** Purchased development rights can be used in designated receiving areas according to the local zoning plan, often areas designated for higher density. ### How do TDRs help in conservation? - [ ] By imposing fines on developments - [ ] By building more infrastructure - [x] By enabling land preservation through financial incentives - [ ] By deregulating land use completely > **Explanation:** TDRs help in conservation by providing landowners with financial incentives to preserve their land, selling their development rights to those looking to increase densities elsewhere. ### What determines the price of a TDR? - [ ] Government fixed rates - [x] Market demand and supply - [ ] Local taxes - [ ] Agricultural produce rate > **Explanation:** The price of a TDR is determined by market dynamics, including supply and demand for development rights in the sending and receiving areas. ### Is participation in TDR programs mandatory? - [ ] Always - [ ] Usually, but not everywhere - [x] No, it is typically voluntary - [ ] Only in conservation districts > **Explanation:** Participation in TDR programs is usually voluntary, incentivizing landowners to conserve lands or reduce densities through economic benefits. ### What aspect is essential for transparency in TDR transactions? - [ ] Confidential negotiations - [ ] Private records - [ ] Informal agreements - [x] Publicly recorded transactions > **Explanation:** For transparency, TDR transactions need to be publicly recorded to ensure proper transfer and utilization of development rights. ### Which term most closely relates to TDR in urban planning? - [ ] Mortgage-backed Securities - [ ] Trademark Registration - [ ] Zoning Ordinance - [x] Density Bonus > **Explanation:** Density bonuses are closely related to TDRs as both provide developers with additional development potentials or incentives in exchange for achieving certain planning goals.

Thank you for exploring the concept of Transfer Development Rights (TDR) and for engaging with the quiz to enhance your understanding of this essential urban planning tool.


Wednesday, August 7, 2024

Accounting Terms Lexicon

Discover comprehensive accounting definitions and practical insights. Empowering students and professionals with clear and concise explanations for a better understanding of financial terms.