Procedures for landing development rights in a receiving area
(1) General. All applications for landing development rights in a receiving area shall come before the planning commission as a major land development or major subdivision as applicable. At the master plan stage of review, applicants must demonstrate to the planning commission that the bearer of the certificate of development rights is in agreement with the terms of the proposed application and understands the number of development rights that will be extinguished after the landing process is complete. Documentation of this assurance shall be provided in a letter signed by the bearer of the certificate of development rights or his/her representative at the time of the application to land the development rights. In the event that the applicant does not own a certificate of development rights, a letter of understanding between the applicant and a bearer of a certificate of development rights or a property owner eligible to send development rights from their property, shall be presented to the planning commission at the master plan stage of review.
(2) Materials. In addition to the materials customarily required as part of an application for a major land development or major subdivision, an applicant proposing to land development rights shall submit the appropriate number of copies of his/her certificate of development rights to the planning commission. The validity of these development rights shall be verified by the director of planning or his/her designee during the preliminary or final plan review, as determined by the planning commission.
(3) Final approval. No building permit or certificate of occupancy shall be issued for development that utilizes the landing of development rights until all necessary deed restrictions are recorded in the land evidence records and said development rights are formally extinguished by the director of planning through the issuance of a revised certificate of development rights.
(Ord. No. 08-26, § 3, 10-20-2008; Ord. No. 10-06, § 11, 4-26-2010)
Editor's note— Ord. No. 10-06, § 11, adopted April 26, 2010, amended the Code by renumbering and amending former § 21-625 as a new § 21-626.
Transfer of Development Rights (TDR) Map