The Status of TDR Implementation in New Jersey
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1 The Status of TDR Implementation in New Jersey Transfer of Development Rights (TDR) Task Force Task Force Meeting #1 December 2, 2009
2
3 How Does TDR Work? Courtesy: ANJEC
4 The Promise of TDR Preserve natural and cultural resources
5 The Promise of TDR Achieve landscape- scale preservation using a market-driven, privatelyfinanced approach
6 The Promise of TDR Promote well-planned economic growth
7 Enabling Legislation for TDR in New Jersey Pinelands Protection Act (1979) Highlands Water Protection and Planning Act (2004) Burlington County TDR Demonstration Act (1989) State Transfer of Development Rights Act (2004)
8 New Jersey Pinelands Protection Act (1979) Purpose: Protect important ecological region of 1.1 million acres TDR Program: Pinelands Development Credit Program (& others) Sending Area: Preservation and agricultural areas Receiving Area: Designated Regional Growth Areas Achievements: Over 50,000 acres of protected lands
9 Highlands Water Protection and Planning Act (2004) Purpose: Protect water and other natural resources in 88- municipality region TDR Program: Highlands TDR Program Sending Area: Most undeveloped areas Receiving Area: Voluntary areas in appropriate locations Achievements: * Credit allocation * TDR Bank ready to purchase rights * Grants to 11 possible receiving districts
10 Burlington County Transfer of Development Rights Demonstration Act (1989) Purpose: To permit municipalities in Burlington County to serve as pilot projects for the state in using TDR Participating Lumberton Township municipalities: Chesterfield Township
11 Lumberton Township Adopted: 1995 Purpose: Farmland preservation Achievements: - Preserved 840 acres - Density increased in receiving area subdivisions
12 Lumberton Township
13 Chesterfield Township (1997) Purpose: Farmland preservation & creation of village center Sending Area: 10,000 acres Achievements: - Sending area largely preserved housing units approved - New school under construction
14 Chesterfield Township, Burlington County
15 Chesterfield Township, Burlington County
16 Chesterfield Township, Burlington County
17 State Transfer of Development Rights Act (2004) Authorizes both intra-municipal and intermunicipal programs statewide Authorizes the State TDR Bank Board to provide Planning Assistance Grants Requires several planning activities
18 State Transfer of Development Rights Act (2004) TDR Planning Process
19 Plan Endorsement Requirements from the State Planning Commission Step 1 Pre-Petition Step 2 Plan Endorsement Advisory Committee Step 3 Municipal Self-Assessment Step 4 State Opportunities & Constraints Assessment Step 5 Community Visioning Step 6 Consistency Review Step 7 Action Plan Authorization and Completion Step 8 Recommendation Report and Draft Planning & Implementation Agreement (PIA) Step 9 State Planning Commission Endorsement
20 Potential State Agency Involvement Division of Water Quality Management (DEP) Division of Fish & Wildlife (DEP) Division of Land Use Regulation (DEP) Department of Transportation (DOT) State Agriculture Development Committee (SADC) NJ TDR Bank Board (grant recipients) Council on Affordable Housing (COAH) State Planning Commission (SPC)
21 Participation Under the Statewide Act (red and bright green)
22 State Transfer of Development Rights Act (2004) Municipal Participation Active Efforts Berkeley Township Frankford Hillsborough Township Hopewell Township Jersey City Mannington Township Mansfield Township North Hanover Ocean Township Adopted Ordinance: Woolwich
23 State Transfer of Development Rights Act (2004) Municipal Participation Inactive efforts Alexandria Township Cape May County regional plan Fanwood Borough Montgomery Township Quinton, Elsinborough, Alloway regional plan Robbinsville Township Stafford Township
24 State Transfer of Development Rights Act (2004) CASE STUDIES Hopewell Township, Cumberland County Berkeley Township, Ocean County Woolwich Township, Gloucester County
25 Hopewell Township, Cumberland County Purpose: Farmland preservation Start Date: March 2005 Sending Area: 9,200 acres Receiving Area:1,450 acres
26 Hopewell Township, Cumberland County
27 Hopewell Township, Cumberland County Status Complicated REMA process - took more than two years COAH rule changes presented road block for density issues Complex infrastructure issues After 4.5 years, the key issues with state agencies are still unresolved; process is stalled
28 Berkeley Township, Ocean County Purpose: Open space, town center Start Date: March 2005 (pre-petition) Sending Area: 600 acres Receiving Area 600 acres
29 Berkeley Township, Ocean County
30 Berkeley Township, Ocean County Status Planning process has taken 5 years, to date Credit evaluation for mixed-use, multiple zones is complex Receiving area has been redesigned numerous times due to REMA results Final plan is anticipated in 2010
31 Woolwich Township, Gloucester County Purpose: Farmland preservation and town center Start Date: Late 2004 Sending Area: 4,000 acres Receiving Area: Two receiving areas totaling 868 acres
32 Woolwich Township, Gloucester County
33 Woolwich Township, Gloucester County
34 Woolwich Township, Gloucester County Status and Achievements TDR Ordinance adopted in 2008 First completed TDR program of 2004 Act Wastewater issues are unresolved Planning process took 4 years
35 Obstacles in TDR Implementation Expensive, lengthy process Community concerns with higher density Cost and complexity of preparing for rapid growth The need for state agency support and coordination Potential COAH problems Difficulty getting state approvals for infrastructure Potentially high costs for developers Fiscal disincentive for regional transfers
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