Dane County Code of Ordinances - Laserfiche WebLink

Home Browse Search

10.158(4) — 10.159(3)(b) conservation easement placed on the sending 9. encourage the efficient use of land that property. The recorded easement must include a has no history of, or is no longer suitable for, legal description of the sending property in agriculture; and accordance with adopted town and county 10. help Dane County and participating comprehensive plan guidelines, must detail the communities achieve the goals and objectives number of rights transferred or sold, and must contained in adopted plans. describe any receiving property or properties. (2) Areas affected. TDR agricultural conservation easements must (a) Lands to be included within the TDR-R list, at a minimum, the county and the town as Transfer of Development Rights Receiving Area parties with enforcement rights and must require, Overlay District. This district is generally at a minimum, the county, the town and the intended to apply to lands identified in adopted landowner to agree to any amendment of the town and county comprehensive plans as agricultural conservation easement in writing and suitable for: after at least one public hearing held by the 1. residential development at a density zoning committee. All such amendments shall be exceeding one dwelling unit per 35 acres; and recorded. No third parties with enforcement 2. receiving areas for a transfer of rights may be added without approval of the development rights program. Town and the County. (b) Applicability. (4) Conditional uses in the TDR-S Transfer of 1. This section shall apply only to those Development Rights Sending Area Overlay towns that have filed a resolution with the county District. All conditional uses in the underlying clerk indicating the election of the town to come zoning district. under provisions of this district. (5) Area regulations. All lots in the TDR-S 2. This section shall apply only within the A-1, overlay district must meet the minimum lot size A-2, A-2(1), A-2(2), A-2(4), A-2(8), R-1, R-1A, R- of the underlying zoning district or meet the 2, R-3, R-3A, R-4, RH-1, RH-2, RH-3 or RH-4 requirements for a non-conforming lot of record zoning districts. under s. 10.16(3)(a) of this ordinance. (c) Applicability near incorporated [HISTORY: 10.158 cr.,OA 45,2009-10,pub.03/22/10.] municipalities. The county board may not rezone to the TDR-R overlay district any parcel 10.159 TDR-R TRANSFER OF DEVELOPMENT wholly or partially within the extraterritorial plat RIGHTS RECEIVING AREA OVERLAY review jurisdiction of an incorporated DISTRICT. This district is in effect in those municipality, as defined in s. 236.02(5), Wis. towns which voluntarily make the election under Stats., unless consistent with an adopted town sub. (2)(b) below. and county comprehensive plan. If there are (1) Statement of purpose. (a) The purposes inconsistencies between the comprehensive of the TDR-R overlay district are to: plans of the town and the incorporated 1. establish a county-wide framework which municipality with extraterritorial jurisdiction, prior allows a participating municipality to transfer to county board action the town and municipal development rights within or outside its governments must resolve the inconsistencies, jurisdiction; following the dispute resolution process set forth 2. encourage the clustering of rural in their respective comprehensive plans as development; required by s. 66.1001(2)(g), Wis. Stats. 3. encourage the efficient provision of (3) Permitted uses. All permitted uses in the services by clustering residential units; underlying zoning district, provided all of the 4. encourage efficient transportation planning following criteria are met: by encouraging compact development; (a) Each new dwelling unit is accompanied by 5. support planning of development in areas transferred development rights from a parcel or which have less impact on key sources; parcels in the TDR-S overlay district consistent 6. preserve and enhance property rights; with, and at a ratio determined by, an adopted 7. encourage rural housing that is adequate town and county comprehensive plan. and affordable for persons from a range of (b) All transferred development rights in (a) incomes; above are from TDR-S overlay districts within the 8. facilitate development in rural areas of same town as the proposed dwelling unit, unless towns already experiencing or seeking inter-town transfers are expressly authorized in development; adopted town and county comprehensive plans for both the sending and receiving towns. Page 10-46 rev. 013116