AG 2004 10 18 - Laserfiche WebLink

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Recommendation- That cluster development continue to be encouraged especially in areas with access to public water and sewer. Transfer / Purchase of Development Rights Ultimately the best way to ensure the protection of open space and agricultural land is to eliminate the potential for any development to occur by purchasing the right to develop land from a willing seller. There are two means by which development rights may be purchased. The first is by a government or non-profit agency and the other is by the private sector. Non-profit and government involvement in the purchase of development rights began in the 1970's in the Eastern United States. It is seen as a less expensive way to protect open space than the outright purchase of a tract of land for three reasons. First, the cost to purchase development rights is typically less than the outright purchase of a tract of land. Second, since the land still belongs to a private citizen the costs associated with managing the land remain the responsibility of the landowner. Finally, since the tract is still in private ownership property tax on the agricultural value of the land are still paid. The private sector can also be involved in the purchase of development rights. In this scenario the public sector permits a development company to purchase development rights in one area and transfer those units to another portion of their jurisdiction. This permits the developer to increase the permitted density for their project in a receiving area while at the same time protecting farmland and open space in a sending area. It is important to state that either option is a purely market driven, voluntary method by which to preserve agricultural land and open space. Each option requires both a willing seller and a willing buyer. While the first option is already established through the existing area land trusts it could be even more successful. Around the region there is not a lack of willing sellers but a lack of funding to accommodate willing sellers. To date, there is not an example of the second option in the region. Recommendation- Although this method can be extremely effective when done properly, its administration can be costly and labor intensive. It is recommended that this option be taken into consideration but put on hold until a countywide program can be put in place. Land Trusts have also played an effective role in the development of TOR programs. The County currently works closely with several land trusts and looks forward to expanding these relationships in the fuéure. G..Lf- 22