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."
