Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
46 Cards in this Set
- Front
- Back
|
What is TDR?
|
a realty transfer program where development potential
|
|
|
How is TDR beneficalto all stakeholders?
|
-the community perservies its critical resources
-landowners retain their equity -developers get to build ata critical mass that reduces their bottom line. |
|
|
What are the general themes in the TDR process?
|
Landowner accepts cash payment for rights in the preservation area; landowner places a deed restriction on the property that will maintain the existing use of the property into perpetuity. Land in designated receiving area can then be developed at a higher density/different use than allowed under current zoning.
|
|
|
Where is TDR applicable?
|
Equally applicable in urban, suburban, and rural areas
|
|
|
What ia a "bundle of rights"?
|
rights of a particular piece of property; enables the owner to use, sell, motrgage, lease, devise, subdivide and develop according to local land use laws
|
|
|
Typically how long do easement restrictions last?
|
Into perpetuity
|
|
|
What are development rights generally equal to?
|
The amount of development that is legally allowed to occur on a particular piece of property
|
|
|
How is a TDR Program different from a cluster ordinance?
|
A TDR program sets preservation goals and targets growth on a town-wide basis
|
|
|
Is TDR allowed everywhere in NJ?
|
No. Only in those municipalities that have adopted a TDR program
|
|
|
What is the role of the municipality in TDR?
|
-designates sending and receiving zones based on their preservation and growth goals, respectively
-creates planning and implementation documents that govern where and how development rights can be transferred |
|
|
When did TDR begin in NJ? Where?
|
first legally permissable in 1981 in the Pinelands Region
|
|
|
What is the intent of the Pinelands Development Credit Program?
|
Shift development away from active environmentally sensitive areas of the Pinelands, while providing a way for landowners in those areas to benefit from increased land values in those portions of the Pinelands targeted for growth in the CMP.
|
|
|
To what areas are Pinelands Development Credits allocated? Are these areas the "sending areas"?
|
to lands in the Preservation Area District, Special Agricultural Production Area District, and the Agricultural Production Area. These are all sending areas.
|
|
|
What does 1 PDC equate to?
|
4 transferable development rights
|
|
|
Who may PDC's be sold to?
|
Developers seeking density bonuses for housing in the Regional Growth Area (receiving area)
|
|
|
Under what circumstances are PDCs also required?
|
For certain residential or non-residential development variances in the Regional Growth Area, or when waivers of strict compliance are granted in any Pinelands Management Area by the Pinelands Commission.
|
|
|
How are PDCs allocated to parcels in the sending area?
|
based on land characteristics and allocation formulas established in the CMP
|
|
|
PDC allocation in Uplands in the Preservation Area?
|
1 PDC for every 39 acres
|
|
|
PDC allocation in the Agricultural and Special Agricultural Production areas?
|
Includes uplands and areas of active agriculture
2 PDC's per 39 acres |
|
|
PDC allocation for wetlands not in agricultural use?
|
0.2 PDCs per 39 acres
|
|
|
How are PDCs formally allocated to lands?
|
Property owners in the sending area applies for and receives a "Letter of Interpretation" from the Pinelands Commission
|
|
|
What does a "Letter of Interpretation" establish?
|
the exact number of PDCs attributed to a particular property
|
|
|
How does a
landowner "sever" the PDCs from the land? |
by recording a conservation or agricultural easement that permanently protects the property
|
|
|
After selling the PDCs, does the landowner retain the title of the land?
|
Yes and can continue to use it for such purposes as forestry and agriculture
|
|
|
Where does the sale of PDCs occur?
|
On the private real estate market
|
|
|
When was the Pinelands Development Credit Bank established and by whom?
|
1985 by the State Legislature
|
|
|
What are the main functions of the Pinelands Development Credit Bank?
|
-buy and sell credits
-guarantee loans using credits for collateral -maintain a registry of credit owners and purchasers -conduct outreach activities |
|
|
What is the State Special Purchase Program and when did it begin?
|
2000; allows landowners to sell their PDCs direectly to the state; the state pays prices below market value however the PDCs are permanently retired so they cannot be used by developers
|
|
|
What does each PDC entitle owners to?
|
to build 4 additional housing units in the Regional Growth Area
|
|
|
How many municipalities are located witin the Pinelands Regional Growth Areas?
|
24
|
|
|
Base density vs. bonus density?
|
base density is that permitted by right; PDCs are required to develop at the bonus density
|
|
|
How many acres have been permanently protected by the PDC program?
|
59,000
|
|
|
When was the State TDR Bank established and by whom?
|
1994 by the State Legislature
|
|
|
How many members serve on the TDR Bank Board?
|
10
|
|
|
Which state agency is the TDR Bank affiliated with?
|
It is in, but independent of the State Agriculture Development Committee
|
|
|
When was the State TDR Act enabled?
|
2004
|
|
|
What does the State TDR Act allow?
|
-TDR in within any municipality in the state;
-allows for transfers among municipalities regardless of proximity to one another; -Pinelands municipalities to participate in the State TDR Act under specific circumstances and with the approval of the Pinelands Commission -TDR in Highlands "planning area" municipalities |
|
|
Does the State TDR Act supercede the Burlington Demonstration Act of 1989?
|
No; allows a Burlington municipality to choose either statute in implementing a TDR program
|
|
|
What are the statutory requirements of the State TDR Act?
|
Requires at least:
-Development Transfer Plan Element in Master Plan -Capital Improvement Plan -Utility Service Plan -Real Estate Market Analysis -Transfer Ordinance -Plan Endorsement -Approvals -Periodic Review of Program |
|
|
What information must be included in the Development Transfer Plan Element?
|
-Estimate of anticipated population and economic growth for the next 10 years
-identify and describe all prospective sending and receiving zones -analyze how the anticipated population growth is to be accommodated in the municipality and in the receiving zones -estimate of existing and proposed infrastructure of the receiving zone -procedure and method to transfer development rights from sending to receiving -explicit planning objectives and design standards to govern the review of applications for development in the receiving zone |
|
|
Per the State TDR Act, which lands are considered sending areas?
|
-agricultural land
-lands with an array of environmentally-sensitive features -improved property with a unique aesthetic or historic resource -other improved lands for which there is reason to maintain low density -already preserved lands so long as the inclusion "is in the public interest" |
|
|
Does the State TDR Act allow for the allocation of bonus development potential?
|
Yes to encourage sending area participation nad to give the municipality more flexibility with how it can implement TDR
|
|
|
When is an assessment of a TDR program conducted?
|
-After the first 3 years following the adoption of the TDR ordinance
-after 5 years of adoption and every 5 years after that |
|
|
Why would a TDR program be discontinued?
|
If 25% of the development potential has not been transferred within five years after adoption
|
|
|
What is the intent of the Highlands regional TDR Program?
|
To compensate landowners for diminished development potential realized by the passage of the Highlands Act
|
|
|
Is the Highlands TDR Program voluntary?
|
Yes; certain incentives are given to increase participation
|
