Transfer Development Rights (TDR) is a strategic zoning ordinance that allows property owners to transfer the rights to develop their land to another property owner. This mechanism facilitates concentrated urban development while preserving open space or low-density zoning areas.
Understanding Transfer Development Rights (TDR)
Definition and Purpose
Transfer Development Rights (TDR): A zoning tool permitting the sale of development rights from one property to another, promoting higher-density development in designated areas and conserving land elsewhere.
The primary purpose of TDR programs is to balance urban growth with conservation goals. By allowing different levels of development on receiving and sending sites, municipalities can manage land use more effectively.
Types of TDR Programs
TDR programs can vary based on:
- Sending Areas: These are regions designated for conservation or low-density development. Property owners in these areas can sell their development rights.
- Receiving Areas: These zones are targeted for higher-density development. Property owners here can purchase additional development rights to exceed original zoning limits.
How TDR Works
- Establishment of Zones: Cities define sending and receiving areas based on urban planning goals.
- Transfer Agreement: Property owner A, in a sending area, sells development rights to Property owner B in a receiving area.
- Development Adjustment: Property owner B can increase the density or height of their development based on the purchased rights while Property owner A agrees to restrict or cease development.
For instance, if two adjacent landowners, A and B, are permitted to develop ten-story buildings, TDR allows landowner A to sell their rights to B, enabling a twenty-story structure, provided A’s property remains undeveloped.
Historical Context
TDR was first implemented in New York City in the early 20th century to protect landmark buildings from being demolished. Since then, many cities have adopted TDR programs to preserve historical sites, agricultural land, or environmentally sensitive areas while directing growth to more appropriate locations.
Examples
New York City
In NYC, TDR has been used to protect historic landmarks such as the Grand Central Terminal. During the 1960s, development rights were transferred from this landmark to neighboring properties, thus preserving its historic integrity.
Montgomery County, Maryland
This county’s TDR program aimed at protecting agricultural land by designating rural areas as sending sites and urban areas as receiving sites. This approach has helped maintain the rural character of large portions of the county.
Applicability
TDR is widely applicable in:
- Urban Planning: To manage growth while preserving open space and conserving resources.
- Historic Preservation: To protect cultural and historic landmarks.
- Environmental Conservation: To prevent urban sprawl and conserve natural landscapes.
Comparisons with Related Terms
- Zoning Ordinance: General regulations that dictate how land can be used; TDR is a specific type of zoning tool.
- Easements: Legal agreements that restrict land use; unlike TDRs, easements do not allow the sale of development rights.
- Density Bonuses: Incentives for developers to include community amenities in exchange for increased development rights; TDR involves a trade between private parties.
FAQs
What is the main benefit of TDR programs?
How do property owners benefit from TDR?
Can TDR programs fail?
References
- “Urban Land Use Planning” by Philip R. Berke, David R. Godschalk, and Edward J. Kaiser: A comprehensive guide on principles and practices in urban planning, including TDR.
- New York City Municipal Archives: Historical records of TDR implementations in NYC.
Summary
Transfer Development Rights (TDR) is a strategic zoning ordinance essential for balanced urban development and conservation efforts. It allows the transfer of development density from low-density or conservation areas to higher-density receiving areas, facilitating sustainable growth, protecting sensitive areas, and providing financial benefits to property owners. TDR programs offer a flexible tool to achieve urban planning objectives while preserving cultural, agricultural, and environmental values.
