Transfer
of
Development
Rights
(TDR)
programs
use
market
forces
to
simultaneously
promote
conservation
in
high
value
natural,
agricultural,
and
open
space
areas
while
encouraging
smart
growth
in
developed
and
developing
sections
of a
community.
Successful
TDR
programs
have
been
in
place
throughout
the
country
since
1980,
and
have
protected
tens
of
thousands
of
acres
of
farmland
and
open
space.
Description
In a
TDR
program,
a
community
identifies
an
area
within
its
boundaries
which
it
would
like
to
see
protected
from
development
(the
sending
zone)
and
another
area
where
the
community
desires
more
urban
style
development
(the
receiving
zone).
Landowners
in
the
sending
zone
are
allocated
a
number
of
development
credits
which
can
be
sold
to
developers,
speculators,
or
the
community
itself.
In
return
for
selling
their
development
credits,
the
landowner
in
the
sending
zone
agrees
to
place
a
permanent
conservation
easement
on
his
or
her
land.
Meanwhile,
the
purchaser
of
the
development
credits
can
apply
them
to
develop
at a
higher
density
than
otherwise
allowed
on
property
within
the
receiving
zone.
Considerations
TDR
programs
have
the
advantage
of
using
free
market
mechanisms
to
create
the
funding
needed
to
protect
valuable
farmland,
natural
areas,
and
other
open
space.
However,
many
people
find
TDR
programs
complex
and
administratively
challenging,
requiring
the
local
unit
of
government
to
make
a
strong
commitment
to
administering
a
potentially
complicated
program
and
educating
its
citizens
and
potential
developers.
TDR
programs
must
be
combined
with
strong
comprehensive
planning
and
local
controls
in
order
to
be
successful.
CLUSTER DEVELOPMENT
The
basic
principle
of
cluster
development
is
to
group
new
homes
onto
part
of
the
development
parcel,
so
that
the
remainder
can
be
preserved
as
unbuilt
open
space.
The
degree
to
which
this
accomplishes
a
significant
saving
of
land,
while
providing
an
attractive
and
comfortable
living
environment,
depends
largely
on
the
quality
of
the
zoning
regulations
and
the
expertise
of
the
development
designer
(preferably
someone
experienced
in
landscape
architecture).
There
is a
good
discussion
of
the
pros
and
cons
of
clustered
development
from
the
Planning
Commissioners
Journal
at:
The
open
space
can
also
be
used
for
more
active
recreational
facilities,
native
habitat
for
wildlife
or
plantings,
agricultural
production,
or
other
allowable
purposes.
The
landowner
and
community
jointly
determine
how
the
open
space
will
be
used
while
the
subdivision
proposal
is
being
approved.
In
most
of
these
developments,
each
homeowner
has
equal
access
to
the
open
space
areas.
In
some
cases,
the
open
space
may
be
designed
such
that
the
whole
community
can
share
its
use.
Even
if
access
is
limited,
the
community
often
shares
in
the
overall
benefits
of
open-space
preservation.
A
homeowners’
association
is
usually
responsible
for
protecting
and
maintaining
the
open
space.
When
necessary,
the
community
also
may
have
the
authority
to
enforce
the
open-space
provisions
approved
in
the
plat
agreement.
The
University
of
Illinois
Extension
has
an
additional
discussion
of
cluster
development
at:
Windsor's
Plan
of
Conservation
and
Development
Windsor's
2004
Plan
indicates
that
the
town
intends
to
pursue
clustered
development.
See
page
4-5:
"Windsor
already
provides
for
open
space
development
patterns
where
homes
are
clustered
on
one
part
of
the
parcel
so
that
significant
open
space
can
be
provided
on
another
part
of
the
parcel.
The
Commission
should
consider
encouraging
or
even
requiring
this
type
of
development
pattern
in
order
to
increase
the
amount
of
open
space
that
is
preserved
in
Windsor."
