TOWN OF
TRANSFER OF DEVELOPMENT RIGHTS (TDR)
Q&A
11/10//04
1. Why is the TDR program good
for me as a landowner?
Answers may vary based on the circumstances of each landowner.
· You may benefit from selling divides you don’t want to use, or can’t use.
· All landowners may benefit from development that is planned and clustered, enabling the town to provide services with greater cost efficiency.
·
You may benefit from maintaining the rural
character of
2. Are there any real examples
of where it has worked in our area?
A pilot program has been successfully completed in the
Town of
3. Does TDR favor the landowner
or the realtor/developer?
A well-designed program should provide advantages to participating landowners, to realtor/developers and to all residents of the town.
4. Why would anyone choose a
TDR if they felt they could make more money developing the land themselves?
Those for whom money is the primary consideration should chose the option that will provide them the greatest monetary gain. Because the TDR program is optional, landowners have that choice. The program provides those not wanting to sell or develop their land to receive some financial gain nonetheless.
5.
What are the economic advantages and disadvantages of agreeing to
transfer development rights?
One advantage is to the landowner who has divides that he/she doesn’t want to use, or for which development will be difficult or impossible for reasons of access, terrain, etc. In this case the property owner will be able to gain from sale of these divides.
With a TDR program in place, a landowner can sell the development right without selling their physical property.
Development rights will be bought and sold on the open
market. Prices are negotiable. Research
may be necessary to ensure one does not sell for less than one should.
Separating the development rights from the land may result in different values
than if they were left together. These
values are driven by market factors.
This is a choice that property owners will be able to make when the town has a TDR program.
6. If I sell a development
right, what happens 15 years down the road?
If you sell it, then you no longer own it. You still own the actual land, but you no longer own the development right.
7. If the neighbor’s land
becomes a receiving area, how will that affect my land value?
The presence of a subdivision adjacent to land may positively or negatively affect the value of land. The nature of the effect will depend on the nature of the subdivision and the nature of the adjacent land. If your land would make a logical extension of the receiving area, its value may increase. If the development is not done well, the value may decrease.
8. If the neighbor’s land
becomes a sending area, how will that affect my land value?
It may have little affect. On the other hand, the transfer of development away from land adjacent to your land may have a positive effect on the value of your land.
9. How do I become a receiving
area?
There are certain requirements that have to be met as spelled out by the TDR Program and Comprehensive Land Use Plan. You must meet the criteria of both. You must receive approval from the Plan Commission, Town Board, and County.
10.
How do I determine what to charge for a development right? Who can help
me?
A realtor may be able to provide help.
11.
Is a development right “forever”? ie, does selling it mean I will never
be able to build on my land?
If you have only one development right and you sell it, you will not be able to build on the land.
12.
If I have sold a development right, and change my mind, can I get
permission to build or buy one back again?
No. Transfers are permanent and irreversible unless a sending area later becomes a receiving area and the owner purchases a development right.
13.
Do I still own my land if I sell a development right?
Yes. You own it, and are entitled to use it.
14. Can I send a development
right wherever I want?
Not really. Development rights can only be moved into receiving areas. It is unlikely that there will be more than one or two receiving areas active in the town at any given time.
15. Can I purchase a development
right and built another dwelling on my property?
Possibly, but only if your property qualifies as a receiving area.
16.
Who determines sending areas and receiving areas?
The town (with the concurrence of the county).
17.
Must Transferred Development Rights remain in Berry?
The current plan is limited to transfers within Berry. An expanded plan in which adjacent municipalities participated may be possible in the future.
18.
How many Development Rights does it take to build a duplex?
Two.
19.
Must I accept a receiving area on my border?
Your comments regarding a proposed receiving area should be considered by the Town during the decision making process.
20.
Who controls the TDR program.
Town? County? State?
The town, with the concurrence of the county.
21.Does the TDR program allow me to create a
subdivision on my land?
Possibly. The TDR program would allow the town to approve creation of subdivisions in properly designed receiving areas.
22. If I sell a development right, will it affect my
property taxes?
It may. The town can instruct its assessor to value land on which there is no potential for further development differently from land on which development is possible.
23.Why can’t the entire township be both a sending and
receiving area?
This TDR program is designed to support the Land Use Plan by preserving the rural character of Berry. To do so, sending areas focus on prime ag land, scenic areas and land vulnerable to Hwy 12 development. Receiving areas focus on land logically supporting clustering and areas minimizing road construction.
24.Why is the development rights ratio 1 to 1?
The ratio is 1:1 in order to maintain the current number of “splits” available in Berry for the initial launch of the program as provided by the land use plan.
25. If you transfer development rights from land in
the Wisconsin Heights School District to land in Cross Plains, which is in the
Middleton-Cross Plains School District, how will that financially affect the
Wisconsin Heights School district and the districts enrollment?
While the Town may designate where new schools are created in the Town, it does not consider existing school district populations when planning its land use. However, one of the two rural development areas cited in Berry’s comprehensive plan is located within the Heights district.
26. What is the basis of the divisions created in
1981 and will more divisions be created with the TDR program than there
currently are?
The current Town Board is committed to maintaining the current number of “splits” as allowed under the 1981 land use plan. One residence can be created per 35 acres of land owned in 1981. For those owning 4-35 acres in 1981, one additional residence can be created. The minimum lot size is one acre.
27. Could you
describe the terms of the conservation easement?
A conservation easement restricts the use of the land by prohibiting development. A conservation easement is a voluntary legal agreement between a landowner and a government agency, a non-profit conservation organization or a land trust that permanently limits specified current and future uses. As with other easements, landowners still retain ownership and many uses of their property such as agriculture, hunting and fishing.
28. What is a
development right?
It is the right to create a residence on a lot that is a minimum of one acre.
29. Do you
have to be a landowner in Berry in order to purchase a development right in a
receiving area and may you hold the development right to a future time
period?
Development
rights are purchased from sending areas, but in order for the transfer of
development rights to take place, land must be owned in the receiving area.
Purchase of development rights and purchase of land in a receiving area can be
done simultaneously. The Town would not
recognize a TDR until all elements come together: zoning, ownership of land in a receiving
area, and acquisition of development rights in a sending area.
30. Who designates a
receiving and sending area?
The town board, following guidelines contained within its comprehensive plan, and with input from town residents, determines receiving and sending areas
31. If you live in a sending area can you still build in the sending area if you have a divide?
Yes. The transfer program is optional and voluntary.
32. Can an individual landowner opt out of the TDR program? Is it a voluntary program?
The program is voluntary.
33. Will neighboring
residents of a proposed receiving area have public input prior to it becoming a
TDR receiving area?
Yes.
34. If you sell a development right and you have a conservation easement are you allowed to build an ag building, garage, pond etc. on the land?
Yes. You can do anything that you can currently do without the use of a divide.
35. If you own 300 acres of woodland could you place a subdivision in the woods?
Possibly, provided the land is located in a Town-approved receiving area and that the subdivision plan is approved by the County and Town.
36. How will the Dane County TDR program
incorporate with the Town’s TDR programs?
The County TDR plan has not yet been finalized.
37. If you sell a
development right, in the future can you buy a development right to build on
the location that you originally sold the right for?
Unlikely, unless the area designated as a sending area is changed at some future time into a receiving area.
38. How did the committee
create the TDR program, where did the facts come from?
The draft program was created by the T&E/TDR Committee per the suggestion of the Berry Comprehensive Plan after review of other existing TDR plans.
39. Is a conservation easement forever?
Yes.
40. If you currently have no divides available, may you buy development rights in order to make your property a receiving area?
No. Only the Town Board (with input from the Plan Commission and town residents) can designate a receiving area.
41. Can future boards re-designate a receiving area?
Yes, with public input.
42. Will the program designate sending and receiving areas and also allow residents to sell land on an individual basis as is the current process?
Yes. The TDR program does not affect conventional transfers of land or use of any additional divides. Transferring a development right is voluntary.
43. How will the seller prove to the buyer that they have a development right? What will the buyer receive as a legal document?
The Town and County keep track of the number of “splits” available on all properties within the town.
44. What is the guarantee that the Village of Cross Plains will not annex a receiving area by Cross Plains?
An intergovernmental agreement could prevent the village of Cross Plains from annexing Berry land. The town is working with Cross Plains on this issue.
45. Did we ever receive an inventory from Dane County of the number of allowable divisions in the Town?
No.
46. What right does a property owner have to say yes or no to a receiving area? Will this hinder their prospect of selling land on their own?
The property owner has the right to voice opinions as currently allowed during the hearing process. Whether their land is within a receiving area could impact the value of their property (positively or negatively).
47. What is your vision of the TDR pilot program? How can the Town jump into a TDR program without designating a receiving area?
The purpose of the pilot program is to try out the TDR program on a small scale before commitment to full implementation is made. Receiving areas must be designated before a TDR program can take effect.
48. What is a viable number of homes for a subdivision and how many acres would a subdivision consist of?
The number is
site-dependent. However, the Tax &
Economics Committee estimates a viable subdivision would be approximately 10
homes. It takes the tax income from
approximately 12 homes to maintain one mile of new road. The minimum lot size in Berry is one
acre.
49. Will the town hold a referendum on the TDR program?
The Town will hold a public hearing.