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Article 1: S. 10.01(19q), Dane County Code, is added to read as follows:

(19q) Development right means a potential new residential building site available under the policies of a town plan adopted under s. 10.255(1)(d) of this ordinance, subject to the standards of this ordinance and Chapters 11, 17 and 75, Dane County Code. For purposes of participating in a transfer of development rights program, a development right exists on a particular property if adopted town and county plans would support a rezone petition to allow residential development on the property under s. 10.255 of this ordinance and ss. 59.69 and 91.77, Wis. Stats.

EXPLANATION: This adds a definition for a “development right.”

Article 2: S. 10.01(41m), Dane County Code, is added to read as follows:

(41m) Notice document is a recorded instrument to notify future landowners and others of unusual features, policies, regulations or other characteristics that may affect future development potential or other speculative use of a specific property. All notice document instruments must meet the minimum recording standards of the Dane County Register of Deeds.

EXPLANATION: This adds a definition for a “notice document.”

Article 3: S. 10.01(48w), Dane County Code, is added to read as follows:

(48w) Recorded means recorded with the Dane County Register of Deeds.

EXPLANATION: This adds a definition for “recorded.”

Article 4: S. 10.01(75m), Dane County Code is added to read as follows:

(75m) TDR Conservation easement means a holder's nonpossessory interest in real property imposing any limitation or affirmative obligation the purpose of which may include any or all of the following: retaining or protecting natural, scenic or open space values of real property; assuring the availability of real property for agricultural, forest, recreational or open space use; protecting natural resources; maintaining or enhancing air or water quality; preserving a burial site, as defined in s. 157.70 (1) (b), Wis. Stats.,; or preserving the historical, architectural, archaeological or cultural aspects of real property. TDR conservation easements need not

include any requirements for public access or restrictions on agricultural or forestry practices.

EXPLANATION: This adds a definition for “TDR Conservation Easement.” This langauge is essentially similar to the definition of a “conservation easement” as defined in s. 700.40, Wis. Stats.

Article 5: S. 10.01(78s), Dane County Code, is added to read as follows:

(78s) Transfer of development rights (TDR) means the conveyance of development rights, as defined herein, by TDR conservation easement from one parcel of land to another and the recording of that conveyance with the Dane County Register of Deeds and other land records of Dane County. Any individual transfer of development rights transaction may, at the discretion of the parties involved, also include the conveyance of additional rights not enumerated in this ordinance.

EXPLANATION: This adds a definition for “Transfer of development rights.”

Article 6: S. 10.02, Dane County Code, is amended to read as follows:

10.02 DISTRICTS. The following districts are established. The number, shape and area are
best suited to carry out the purposes of this ordinance:
R-1 Residence District.
R-1A Residence District.
R-2 Residence District.
R-3 Residence District.
R-3A Residence District.
R-4 Residence District.
RH-1 Rural Homes District.
RH-2 Rural Homes District.
RH-3 Rural Homes District.
RH-4 Rural Homes District.
RE-1 Recreational District.
B-1 Local Business District.
A-1 Agriculture District.
A-1 Exclusive Agriculture District.
A-B Agriculture-Business District.
A-2 Agriculture District.
A-3 Agriculture District.
C-1 Commercial District.
C-2 Commercial District.
LC-1 Limited Commercial District.
EXP-1 Exposition District.
M-1 Industrial District.
CO-1 Conservancy District.
HD Historic Overlay District.

TDR-S Transfer of Development Rights Sending Area Overlay District

TDR-R Transfer of Development Rights Receiving Area Overlay District

EXPLANATION: This article adds two new zoning overlay districts to support transfer of development rights programs.

Article 7: A new section 10.158, Dane County Code, is added to read as follows:

10.158 TDR-S TRANSFER OF DEVELOPMENT RIGHTS SENDING AREA OVERLAY DISTRICT. (intro.) This district is in effect in those towns which make the election under sub. (2)(b) below.

(1) Statement of purpose. The purposes of the TDR-S overlay district are to:

(a) Support Transfer of Development Rights.

1. establish a county-wide framework which allows a participating municipality to transfer development rights within or outside its jurisdiction;

2. reduce spot development of rural land;

3. encourage efficient transportation planning by reducing truly scattered development;

4. encourage environmental preservation by enhancing open space;

5. preserve and enhance property rights;

6. provide support and inputs into the agricultural community by encouraging the preservation of large intact agricultural areas in some locations and individual farms in other areas;

7. direct development in rural areas away from areas planned for long-term agricultural use;

8. provide a potential for compensation for individuals who do not want to develop their property or who live in communities which wish to restrict development;

9. help Dane County and participating communities achieve the goals and objectives contained in adopted plans;

10. facilitate purchase of development rights programs to protect high-priority natural or agricultural resources, and;

11. allow for towns, villages and cities to serve as a clearinghouse for development rights in accordance with adopted land use and comprehensive plans.

(b) Protect property rights. Nothing in this section is intended to restrict, curtail or abridge the rights of property owners to use their property as currently permitted under ordinance, to petition the county board to rezone property or to apply for conditional use permits under ss. 59.69 and 91.77, Wis. Stats., or s. 10.255 of this ordinance.

(2) Areas Affected

(a) Lands to be included within the TDR-S Transfer of Development Rights Sending Area Overlay District. This district is generally intended to apply to lands identified in town plans adopted under section 10.255(1)(d) of this ordinance as suitable for:

1. long-term or permanent agricultural, conservation or natural resource use;

2. limited or no nonfarm development, and;

3. sending areas for a transfer or purchase of development rights program.

(b) Applicability.

1. This section shall apply only to those towns that have filed a resolution with the county clerk indicating the election of the town to come under provisions of this district.

2. This section shall apply only within the A-1(exclusive agriculture) or CO-1 zoning districts.

(3) Permitted uses.

(a) All permitted uses in the underlying zoning district.

(b) Transfer of development rights consistent with, and at a ratio determined by, a town plan adopted by the county board under s. 10.255(1)(d) of this ordinance. Any transferred development rights must be accompanied by a recorded TDR conservation easement placed on the sending property. The recorded easement must include a legal description of the sending property in accordance with town plan guidelines, must detail the number of rights transferred or sold, and must describe any receiving property or properties. TDR conservation easements must list, at a minimum, the county and the town as parties with enforcement rights and must require, at a minimum, the county, the town and the landowner to agree to any amendment of the conservation easement in writing and after at least one public hearing held by the zoning committee. All such amendments shall be recorded.

(4) Conditional uses in the TDR-S Transfer of Development Rights Sending Area Overlay District. All conditional uses in the underlying zoning district.

(5) Area regulations. All lots in the TDR-S overlay district must meet the minimum lot size of the underlying zoning district or meet the requirements for a non-conforming lot of record under s. 10.16(3)(a) of this ordinance.

EXPLANATION: This article establishes the TDR-S Transfer of Development Rights Sending Area overlay zoning district. This district is intended to grant landowners of agricultural or natural resource land the ability to voluntarily transfer development rights to other landowners as an alternative to developing their own land through the rezoning process. This overlay district does not impose additional restrictions beyond those in place in the underlying zoning districts. All TDR transactions are subject to the standards of adopted town and county plans. Town boards must adopt a resolution stating that they wish to apply the TDR-S district within their jurisdiction. Towns may choose to directly petition the county board to rezone areas to the TDR-S zoning district in advance [as described in s. 12.06(1)(e), Dane County Code], choose to apply town and county plan standards adopted under s. 10.255(1)(d) to determine eligibility for the TDR-S district when reviewing individual landowner-initiated petitions to rezone, or a combination of both approaches.

Article 8: A new s. 10.159, Dane County Code is added to read as follows:

10.159 TDR-R TRANSFER OF DEVELOPMENT RIGHTS RECEIVING AREA OVERLAY DISTRICT. This district is in effect in those towns which make the election under sub. (2)(b) below.

(1) Statement of purpose:

(a) The purposes of the TDR-R overlay district are to:

1. establish a county wide framework which allows a participating municipality to transfer development rights within or outside its jurisdiction;

2. encourage the clustering of rural development;

3. encourage the efficient provision of services by clustering residential units;

4. encourage efficient transportation planning by encouraging compact development;

5. support planning of development in areas which have less impact on key resources;

6. preserve and enhance property rights;

7. encourage rural housing that is adequate and affordable for persons from a range of incomes;

8. direct development in rural areas to communities already experiencing and seeking development;

9. encourage the efficient use of land that has no history of, or is is no longer suitable for agriculture, and;

10. help Dane County and participating communities achieve the goals and objectives contained in adopted plans.

(2) Areas Affected:

(a) Lands to be included within the TDR-R Transfer of Development Rights Receiving Area Overlay District. This district is generally intended to apply to lands identified in town plans adopted under section 10.255(1)(d) of this ordinance as suitable for:

1. residential development at a density of one dwelling unit per two acres (0.5 dwelling units per acre) or higher, and;

2. receiving areas for a transfer of development rights program.

(b) Applicability.

1. This section shall apply only to those towns that have filed a resolution with the county clerk indicating the election of the town to come under provisions of this district.

2. This section shall apply only within the A-1, A-2(1), A-2(2) R-1, R-1A, R-2, R-3, R-3A, R-4 or RH-1 zoning districts.

(c) Applicability near incorporated municipalities. The county board may not rezone to the TDR-R overlay district any parcel wholly or partially within the extraterritorial plat review jurisdiction of an incorporated municipality, as defined in s. 236.02(5), Wis. Stats., unless specifically authorized in an intergovernmental agreement adopted under Chapter 66, Subchapter III, Wis. Stats., and signed by the affected town board and incorporated municipality.

(3) Permitted Uses. All permitted uses in the underlying zoning district, provided each new dwelling unit is accompanied by transferred development rights from a parcel or parcels in the TDR-S overlay district, consistent with, and at a ratio determined by, a town plan adopted under s. 10.255(1)(d) of this ordinance. The landowner must record a notice document for each new dwelling unit that details the number of development rights transferred, describes the sending property or properties, and references the recorded document number of the TDR conservation easement required under 10.158(3)(b). A copy of such recorded notice, and copies of recorded TDR conservation easements on the sending parcel or parcels in the TDR-S district, must be provided to the zoning administrator before zoning permits will be issued.

(4) Conditional uses. All conditional uses in the underlying zoning district. Any application for a Conditional Use Permit in the TDR-R overlay district that would increase the number of dwelling units must be accompanied by transferred development rights from a parcel or parcels in the TDR-S overlay district, consistent with, and at a ratio determined by, a town plan adopted under s. 10.255(1)(d) of this ordinance. The landowner must record a notice document that details the number of development rights transferred, describes the sending property or properties and references the recorded document number of the restrictive covenant required under 10.158(3)(b). A copy of such recorded notice, and copies of recorded TDR conservation easements on the sending parcel or parcels in the TDR-S district, must be provided to the zoning administrator before zoning permits will be issued.

EXPLANATION: This article establishes the TDR-R Transfer of Development Rights Receiving Area overlay zoning district. This district is intended to grant landowners of transitional or rural development lands the ability to transfer development rights to TDR-R zoned properties from other landowners to allow for higher density development than would otherwise be permitted under adopted town and county plans. All TDR transactions are subject to the standards of adopted town and county plans. Town boards must adopt a resolution stating that they wish to apply the TDR-R district within their jurisdiction. Towns may choose to directly petition the county board to rezone areas to the TDR-R zoning district in advance [as described in s. 12.06(1)(e), Dane County Code], choose to apply town and county plan standards adopted under s. 10.255(1)(d) to determine eligibility for the TDR-R district when reviewing individual landowner-initiated petitions to rezone, or a combination of both approaches.