Definition of transfer of development rights
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Transfer of Development Rights (TDR) is a zoning technique used to permanently protect farmland and other natural and cultural resources by redirecting development that would otherwise occur on these resource lands to areas planned to accommodate growth and development. Under Pennsylvania law, use of TDRs must be voluntary. The municipal zoning ordinance cannot mandate that a landowner of developer use TDRs, but it can make the TDR option very attractive.
Transfer of Development Rights programs enable landowners within valuable agricultural, natural and cultural resource areas to be financially compensated for choosing not to develop some or all of their lands. These landowners are given an option under municipal zoning to legally sever the “development rights” from their land and sell these rights to another landowner or a real estate developer for use at another location. The land from which the development rights have been severed is permanently protected through a conservation easement or other appropriate form of restrictive covenant, and the development value of the land where the transferred development rights are applied is enhanced by allowing for new or special uses, greater density or intensity, or other regulatory flexibility that zoning without the TDR option would not have permitted.
Transferable Development Rights removes some of the windfalls and wipeouts associated with conventional zoning by allowing landowners in areas typically zoned for agricultural and very low density residential use to capture some of the same financial rewards available to landowners located in areas zoned for suburban and urban land uses.
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Transfer of Development Rights programs enable landowners within valuable agricultural, natural and cultural resource areas to be financially compensated for choosing not to develop some or all of their lands. These landowners are given an option under municipal zoning to legally sever the “development rights” from their land and sell these rights to another landowner or a real estate developer for use at another location. The land from which the development rights have been severed is permanently protected through a conservation easement or other appropriate form of restrictive covenant, and the development value of the land where the transferred development rights are applied is enhanced by allowing for new or special uses, greater density or intensity, or other regulatory flexibility that zoning without the TDR option would not have permitted.
Transferable Development Rights removes some of the windfalls and wipeouts associated with conventional zoning by allowing landowners in areas typically zoned for agricultural and very low density residential use to capture some of the same financial rewards available to landowners located in areas zoned for suburban and urban land uses.
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