TDR STUDY 2002 You have been selected to participate in an important study of TDR programs. The study will shed light on the status of TDR programs

Transcription

1 TDR STUDY 2002 You have been selected to participate in an important study of TDR programs. The study will shed light on the status of TDR programs in the United States. This booklet contains several sections of questions and will take about 30 minutes to complete. Feel free to use all available space and to attach separate sheets to amplify your responses. Thank you for your help. Please indicate on the inside cover whether you consent to have your comments referenced directly, with your prior review, in published works. If you have any questions contact Michael Kapolowitz at Please return your completed booklet in the self-addressed enclosed envelope to: National TDR Study, Department of Resource Development, 323 Natural Resource Building, Michigan State University, East Lansing, MI 48824

2 CONSENT TO BE REFERENCED DIRECTLY WITH PRIOR REVIEW There may be instances in reports and publications where information may be directly attributed to a specific individual or program. If you would like to have your responses considered for such use and you would like the opportunity to review the use of such information before publication, please sign on the consent line below. I give my consent to have my responses to the attached survey considered for direct quotation with my prior review by signing below (Please print your name beneath your signature): Signature: Printed Name: Organization: Date: THANK YOU IN ADVANCE FOR YOUR PARTICIPATION! Booklet Number:

3 SECTION I: PROGRAM ORIGINATION Some communities have adopted land use programs that use transferable development rights (TDR). This section examines how and why communities adopt TDR programs. 1. Has your community had a TDR program? (Please mark one) Yes No (Skip to Question 56) I don t know (Skip to Question 56) 2. When did your community s TDR program begin? Month Year 3. How is your community s TDR program formalized? (Mark all that apply) Master Plan Zoning Ordinance Other (Please specify) Other (Please specify) 4. Does your state have enabling legislation that authorizes TDR? (Please mark one) Yes No (Skip to Question 6) I don t know (Skip to Question 6) 5. Please specify the name of the state statute, law or act that authorizes TDR.

4 6. Besides state enabling legislation, what is the legal basis of your TDR program? (Please mark all that apply) Regional enabling legislation Regional ordinance Local ordinance Master or comprehensive plan Other (Please specify) Other (Please specify) 7. TDR programs begin as a result of a variety of circumstances unique to each community. In your opinion, who initiated your TDR program? (Please mark all that apply and rate each reply using a scale from very high involvement to very low involvement) Involvement a b c d e f g h i j k l Farmers Non-farm landowners Builders Environmentalists Developers Land conservancies and trusts Local government agencies Non-profit organizations Planners State and regional governmental agencies Other (please specify) Other (Please specify) Very High High Medium Low Very Low

5 8. In your opinion, who were the main supporters of your TDR program and why? (Attach pages as needed) 9. In your opinion, who were the main opponents of your TDR program and why? (Attach pages as needed) 10. In your opinion, what were the tools and approaches most effective for building support and addressing opposition to your TDR program? (Attach pages as needed)

6 11. GOALS and OBJECTIVES TDR programs are implemented by communities to achieve different goals and objectives. In your opinion, what were the original goals and objectives of your TDR program? (Please mark all that apply and please rate each reply using a scale from very high priority to very low priority) a Rehab of low income housing Very High Priority High Medium Low Very Low b To focus on land development c Preservation of specific geographical areas i Agricultural land ii Open space iii Historical area iv Environmentally sensitive lands 1 Wetlands 2 Wildlife habitat 3 Unique ecological areas 4 Aquifer recharge d Control growth e Balance equities f Focus development in appropriate spatial context g Maintain and enhance agricultural viability h Maintain and enhance land values i To allocate infrastructure costs efficiently j To encourage redevelopment k Other (please specify) l Other (please specify)

7 12. Since your community s TDR program began, have additional goals or objectives for the program been identified? If so, please specify. 13. How would you characterize the type of land use most in demand at the time your community designed its TDR program? 14. Some communities undertake studies prior to the adoption of TDR programs, while other communities do not. What types of studies or analysis, if any, were done prior to adoption of your TDR program? (Please mark all that apply and describe briefly) Economic Opinion polls Focus groups Other Other No Studies done Don t know

8 SECTION II: SENDING ZONES TDR Programs transfer development rights from sending zones (also known as preservation districts or agricultural zones) to elsewhere in the community. Please answer the following questions about sending zones in your community s TDR program. 15. What is the total area in your TDR program s sending zone(s)? # acres or floor area 16. Has the size of your sending zone changed since your program began? (Please mark one) Yes (Please explain below) No I don t know 17. Was your TDR sending zone downzoned? (Please mark one) Yes No (Skip to Question 20) I don t know (Skip to Question 20) 18. When was your TDR program was downzoned? Date: 19. With the downzoning, what was the change in density in the sending zone? From units per acre to units per acre.

9 20. What was the significance, if any, of the following factors in identifying your program s sending zone? (Please mark all that apply and please rate each reply on a scale from very high significance to very low significance) a Request of landowner Very High Significance High Medium Low Very Low b Prime or unique farmland c Forest d Historic significance e Wetlands f Aquifers g Coastal areas h Scenic landscapes i Open space j Recreation areas k Wildlife habitat l Other (please specify) m Other (please specify) 21. In total, how many development rights were allocated to the sending zone in your TDR program? Total number of TDR in sending zone

10 22. Communities use different factors to determine the total number of TDRs in their program. What factors were used to calculate the number of TDRs in your program? (Please mark all that apply) Previous zoning Number of acres zoned Land characteristics Current zoning Other (Please specify) Other (Please specify) Other (Please specify) 23. Communities use different factors to determine the number of TDR landowners in the sending zone receive (TDR Allocation). What factors did your community use? (Please mark all that apply) Previous zoning Number of acres zoned Land characteristics Current zoning Other (Please specify) Other (Please specify) Other (Please specify)

11 SECTION III: RECEIVING AREAS Receiving areas are places within the community where development rights obtained from sending zone parcels may be used to build at increased density. Please answer the following questions about your TDR program s receiving area(s). 24. What is the total area of the receiving zone(s) in your TDR program? Acres or Floor area ratio 25. What is the base zoning in receiving zone(s) under your TDR Program? Units per acre or Floor area ratio 26. Are property owners in receiving zone(s) permitted to develop at densities greater than the base zoning densities if they use TDRs? (Please mark one) Yes No (Skip to Question 28) I don t know (Skip to Question 28) 27. What is the increased density when TDRs are used in the receiving area? From units per acre to units per acre or From floor area ratio to floor area ratio

12 28. What significance, if any, did the following factors have in identifying your program s receiving area? (Please mark all that apply and please rate each reply on a scale from very high significance to very low significance) a Location of sewer and water Very High Significance High Medium Low Very Low b Environmental concerns c Socially acceptable d Appropriate location due to physical elements e Politically feasible f Zoning g Other (please specify) 29. In your opinion, who, if anyone, were the main proponents of the receiving area location(s) and why? 30. In your opinion, who, if anyone, were the main opponents of the receiving area location(s) and why? 31. In your opinion, what are the incentives for developers to buy and use transferable development rights?

13 SECTION IV: MARKET HISTORY TDR programs are often initiated to create new markets for land use and to guide development. Please answer the following questions about your community s TDR market. 32. How is TDR price determined in your program area? 33. What is the current average TDR price in your program area? Price per TDR 34. Before your TDR ordinance was adopted, did your community attempt to estimate the amount that a developer might be willing to pay for a TDR? (Please mark one) Yes No (Skip to Question 36) I don t know (Skip to Question 36) 35. How were these estimates made? (Please mark all that apply) Input from developers Financial analysis estimating increased profit for typical receiving site developments due to extra TDR density Rules of thumb (e.g. easement costs as a proportion of market value) Other (Please specify) Other (Please specify)

14 36. Did your community use estimates of property value reductions associated with TDR easements to allocate TDRs to sending area landowners? (Please mark one) Yes No (Skip to Question 38) I don t know (Skip to Question 38) 37. How did your community estimate the amount of this value reduction? (Please mark all that apply) Local experience with easement prices in your community Experience with easement prices paid in other communities Rules of thumb (e.g. easement costs as a proportion of market value) Analysis performed by appraiser or other real estate expert Other (Please specify) Other (Please specify) 38. When was the first TDR sold in your program? Month Year 39. When was the first TDR used in a receiving area? Month Year 40. How many TDR transfers have occurred since your program began? Total number of transfers

15 41. How much area has been preserved since your program began? (Please fill in the number and units of measurement) Area Preserved Units of measurement 42. Has there been any TDR litigation in your program area? (Attach pages as needed) Yes (Please describe below) No I don t know 43. Do you have staff reports or other TDR program documentation? Yes (Please describe below) No I don t know 44. In your opinion, is your program working? Why or why not? 45. In your opinion, why do sending zone landowners sell TDRs?

16 SECTION V: PROGRAM COMPLEMENTS TDR programs are often associated with TDR banks and other program features. Please answer the following questions about your program s features, if any, in your area. 46. Is a TDR bank part of your program? Yes No (Skip to Question 51) I don t know (Skip to Question 51) 47. What is the name and location of the TDR bank? 48. What are the sources of funds for your TDR bank? 49. What are the functions of the TDR bank for your TDR program? 50. In your opinion, what is the impact of the TDR bank for your community s TDR program?

17 51. Is there PDR in your TDR program area? Yes No (Skip to Question 56) I don t know (Skip to Question 56) 52. What is the name and contact information for the PDR program? 53. What are the sources of funds for the PDR program? 54. What is the estimated price of PDR? Price per acre 55. In your opinion, what is the impact of PDR on your TDR program?

18 SECTION VI: IDENTIFY TDR PROGRAMS We are trying to establish a comprehensive list of past, current and potential Transfer of Development Rights programs in the United States. Your help in identifying these programs is crucial. Please review the following list and help us update our database. 56. Please review the following list and mark changes as you see fit. Arizona California Scottsdale Agoura Hills Belmont Brisbane Burbank Claremont Cupertino Los Angeles Irvine Malibu Coastal Zone Marin County Milpitas Monterey County Morgan Hill Moraga Oxnard Oakland Pacifica Pasadena Pismo Beach San Bernardino County San Diego San Francisco California (cont.) San Luis Obispo County San Mateo County Santa Barbara South Lake Tahoe Tahoe Reg. Planning Agy West Hollywood Colorado Boulder County Denver Douglas County Larimer County Pitken County/Aspen Summit County Connecticut Windsor D.C. Washington D.C. Florida Alachua County Brevard County Charlotte County Clearwater Collier County

19 Florida (cont.) Georgia Idaho Dade County Delray Beach El Segundo Hillsborough County Hollywood Maryland (cont.) Montgomery County St. Mary s County Talbot County Indian River County Mass. Falmouth Lake County Largo Lee County Monroe County Palm Beach County Queen Anne s County Groton Northampton Sunderland Townsend St. Petersburg Michigan Traverse City Sarasota County Atlanta Fremont County Minnesota Montana New Jersey Blue Earth County Gallatin County Bernards Twp., Illinois Northbrook Somerset County Kentucky Louisiana Clark County New Orleans Chesterfield Twp., Burlington County Hillsborough Twp., Somerset County Lumberton Twp., Burlington County Maine Brunswick N.J. Pinelands Cape Elizabeth West Windsor Maryland Calvert County Nevada Douglas County Caroline County Carroll County N.H. Lee Charles County Harford County New York Central Pine Barrens Howard County Eden

20 New York (cont.) Pennsylvania (cont.) New York City Washington Twp., Perinton Berks County Smithtown Southampton Twp., South Carolina Greenville County Suffolk County Texas Dallas Oregon Portland San Marcos Pennsylvania Birmingham Twp., Utah Mapleton Chester Count Summit County Buckingham Twp West Valley City Bucks County Chanceford Twp., Vermont Jericho York County S. Burlington East Nantmeal Twp., Williston Chester County Hopewell Twp., Virginia Blacksburg York County London Grove Twp., Washington Everett Chester County Island County Lower Chanceford Tp. King County York County Redmond Manheim Twp., Seattle Lancaster County Thurston County Pittsburgh Whatcom County Shrewsbury Twp., York County Wisconsin Summit Twp., Springfield Twp., Waukesha County York County Warrington Twp., Wyoming Teton County Bucks County Warwick Twp., Lancaster County

21 Thank you very much for your participation! Please share comments and observations in the space below, on the back cover, elsewhere in the booklet, or on attached sheets of paper. Return questionnaires in the self-addressed, pre-paid envelopes to: National TDR Study, Department of Resource Development, 323 Natural Resource Building, Michigan State University, East Lansing, MI 48824

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