Chapter 17.46
TRANSFER OF DEVELOPMENT RIGHTS OVERLAY ZONE
Sections:
17.46.030 Sending properties and areas.
17.46.040 Determination of transferable development rights.
17.46.050 Severance of development rights.
17.46.060 Receiving areas identified.
17.46.010 General purpose.
The purposes of the transfer of development rights program, or TDR program, include, but are not limited to:
A. Protecting and enhancing private property rights by enabling the transfer of potential development rights.
B. Maintaining the natural beauty of Eagle Mountain City.
C. Promoting the public health, safety, and general welfare of Eagle Mountain City residents by establishing procedures, methods, and standards for the transfer of development rights.
D. Establishing a procedure enabling Eagle Mountain City and its landowners to voluntarily sever development rights from a sending property.
E. Establishing procedures for the formal transferring of development rights from a sending property, tracking those, and then to establish the use of those transferred development rights on a receiving property.
F. Establishing certain incentives for attaching development rights to relevant receiving properties.
G. Preserving open space, scenic views, agricultural, riparian and critical/sensitive lands.
H. Protecting lands, resources and structures of aesthetic, architectural, recreational, and historic significance.
I. Assisting in shaping the character and direction of the development of Eagle Mountain City.
Through the TDR program, development rights can be separated from the real property they are attached to and can be used or sold separately from the land itself. The following chapter provides a mechanism for landowners to transfer unused development rights to another property that could benefit from the rights. [Ord. O-59-2024 § 1 (Exh. A)].
17.46.020 Definitions.
“Conservation easement” means an easement, covenant, restriction, or condition in a deed, will, or other instrument signed by or on behalf of the record owner of the underlying real property for the purpose of preserving and maintaining land or water areas predominantly in a natural, scenic, or open condition, or for recreational, agricultural, cultural, wildlife habitat or other use or condition consistent with the protection of open land.
“Constrained and sensitive land” means land which is unbuildable under the Eagle Mountain Municipal Code, or land which contains any of the following features: federal, state, or municipally designated wetlands, water bodies, washes, floodplains, slopes greater than 25 percent, faults, canals, and other geologically or environmentally sensitive features that require mitigation, special insurance, or permits from government authorities to allow development.
“Deed of severance” means an instrument executed by a property owner and Eagle Mountain City by which development rights are severed from a sending property. A deed of severance shall be combined with a conservation easement.
“Deed of transfer” is made by the owner of a development right, transferring development rights from a sending area to a receiving property.
“Determination of eligibility” means the process performed by the planning director or a designee that determines the number of transferable development rights that may be transferred from a sending property.
“Development rights” means the potential for the improvement of a legally established parcel of land, measured in dwelling units, existing as a result of the underlying zone of the parcel.
“Net buildable land” shall include the total area of the proposed development minus land that is constrained and sensitive land.
“Receiving area” means an area zoned with the transfer of development rights receiving overlay zone and where purchased development rights may be used in accordance with this chapter.
“Receiving property” means a lot or parcel within a receiving area and within which development rights are increased pursuant to a transfer of development rights affixed to the lot or parcel.
“Sending area” means an area zoned with the transfer of development rights sending overlay zone and is authorized to have development rights severed and transferred to a receiving area in accordance with this chapter.
“Sending property” means a lot or parcel within a sending area from which development rights are authorized to be severed.
“Severance of development rights” means the process by which development rights from a sending property are severed pursuant to this chapter.
“Transfer of development rights” means the process by which development rights from a sending property are affixed to one or more receiving properties.
“Transfer of development rights certificate or TDR certificate” means a certificate issued by the Eagle Mountain planning director or designee that indicates a number of transferable development rights credits that have been authorized for a sending property, which may be transferred to a receiving property. [Ord. O-59-2024 § 1 (Exh. A)].
17.46.030 Sending properties and areas.
A. The following uses are permitted within sending areas after a deed of severance and conservation easement is recorded. Uses other than those listed below are prohibited:
1. Agricultural and horticultural uses, including grazing of animals in compliance with state and federal animal land use regulations, raising crops, wholesale nurseries, and associated buildings that are specifically needed to support active, viable, and permitted agricultural and horticultural operations. Wholesale nurseries must obtain an operating permit and business license from the city and must comply with all fencing and maintenance requirements of this title.
2. Public rights-of-way and easements, including recreational trails.
3. Commercial horse riding, training and boarding stables.
4. Silviculture, in keeping with established standards for selective harvesting and sustained yield forestry.
5. One single-family dwelling and one accessory dwelling unit on parcels with five or more acres.
6. Municipal facilities required for local service and/or recreation needs.
7. Water supply and sewage disposal systems, and stormwater detention areas designed, landscaped, and available for use as an integral part of the conserved land.
8. Restoration, maintenance, enhancement of native vegetation.
9. Publicly accessible recreational lands and facilities including trails, parks and natural lands.
10. Agritourism.
11. Conservation of open land in its natural state, e.g., meadows, tree stands, wetlands, forestland.
B. Sending areas shall meet all of the following criteria:
1. Sending areas are property that have been zoned with the transfer of development rights sending (“TDR-S”) overlay zone, in which the overlay zone confers special rights and obligations as set forth in this chapter in addition to the underlying zoning regulations. Once a deed of severance and conservation easement is recorded, no uses other than those expressly permitted herein are permitted, regardless of the underlying zoning.
2. The TDR-S overlay zone may be applied to agricultural lands and open spaces as shown on the official zoning map of Eagle Mountain City.
a. For agricultural parcels, sending areas shall be no smaller than 10 acres.
b. For planned city parks or areas of historical significance, sending areas shall be no smaller than five acres.
c. Connecting parcels smaller than the minimum requirements may be considered on a case-by-case basis by the city council.
3. A property owner may apply to have their property be designated as a sending area and rezoned to receive the TDR-S overlay zone through the city’s rezoning process set forth in Chapter 17.90 EMMC.
4. Where a property is partially contained within a sending area, only the portion of the property contained within the sending area may be used for the purposes of determining the number of transferable development rights (“TDR”) credits.
5. A deed of severance and a conservation easement shall be recorded on the sending area property from which potential development rights were severed, and the property may thereafter only be used as outlined in this chapter. The conservation easement requires the formal commitment from the city for long-term management of the sending property or, if the city declines to manage the sending property, from a nonprofit or land trust. All applicable fees, including stewardship fees, for the transfer must be paid by the applicant prior to recording the deed of severance and conservation easement.
6. Any landowner within the TDR-S overlay zone may apply to have TDR credits calculated and created for their property based on formulas contained herein. The entire property shall be submitted for calculation of TDR credits at the time of application with the city.
7. All properties owned by the state or federal agencies and existing conservation subdivisions shall not be eligible for TDR credits or severance of potential development rights.
a. All other sending areas and property within the TDR-S overlay zone are eligible for a determination of eligibility. [Ord. O-59-2024 § 1 (Exh. A)].
17.46.040 Determination of transferable development rights.
A. Determination of Transferable Development Rights.
1. The planning director or designee shall establish and maintain a system for monitoring the determination, severance, ownership, assignment, and transfer of development rights.
2. The record owner of property within the TDR-S overlay zone shall file with the city a determination of eligibility application, with an associated fee, to determine the number of TDR credits available to be severed from a sending property.
3. The following information shall accompany the application for a determination of eligibility:
a. A map that includes the following:
i. The boundary map of the subject property.
ii. A legal description including the acreage of the property.
iii. Current zoning.
b. Current use of the property.
c. Title policy or title documentation.
d. Applicable fees.
e. Annexation status, if applicable.
B. The planning director shall, in accordance with the standards set forth in this chapter, determine the number of TDR credits using the following formula and rounded to the nearest whole number:
1. Where TDR means the number of transferable development rights credits:
a. “A” means the total net buildable area (acres) of the property.
b. “B” means the allowable potential units per acre on an agricultural property based on the Eagle Mountain City future land use map, infrastructure requirements for any potential development, and open space requirements.
2. For property designated as foothill residential, neighborhood residential one, neighborhood residential two, or neighborhood residential three on the future land use map, TDR = A x B.
3. For land designated as open space on the Eagle Mountain City future land use map, the per acre TDR credits shall be three. [Ord. O-59-2024 § 1 (Exh. A)].
17.46.050 Severance of development rights.
A. The severance of development rights shall be subject to the following conditions:
1. Any proposed severance of development rights may be initiated only upon application (eligibility application) to the city by the record owners, or their agents, of the sending property. Once the determination of eligibility is completed, a TDR certificate shall be issued to the applicant. The issuance of a TDR certificate alone does not constitute a severance of development rights, and no development rights can be transferred solely on the basis of a TDR certificate.
2. The city may not require property owners to sever development rights as a condition of any development of any property.
3. A severance of development rights occurs after the owner of the sending property receives a signed TDR certificate with the number of allotted TDR credits from the city and records a deed of severance. The deed of severance must transfer development rights to one or more parties, which may include the grantor, and may, but is not required to, vest development rights to one or more receiving properties.
4. The deed of severance must be executed by the property owners of the development rights being severed, and by any lien holders of such property.
5. No deed of severance may be recorded under this chapter unless the deed of severance contains a copy of the TDR certificate signed by the city indicating the number of TDR credits being severed.
6. The deed of severance must contain a conservation easement, both of which shall run with the land and must assure that the prohibitions against the use and development of the sending property will bind the landowner and every successor in interest to the landowner. Such conservation easements shall include a legally binding commitment letter from the city, unless the city declines to manage the sending property in which case the commitment letter shall be from a nonprofit or local land trust.
7. The deed of severance and conservation easement shall be recorded in the office of the Utah County recorder. Upon recordation of the deed of severance:
a. The TDR credits are severed from the sending property.
b. The conservation easement shall be in compliance with the permitted uses in the transfer of development rights sending overlay. [Ord. O-59-2024 § 1 (Exh. A)].
17.46.060 Receiving areas identified.
A. Permitted uses in receiving areas are limited to those uses which are permitted in the underlying zoning districts or as modified below.
B. For permitted uses that include written additional standards, such standards shall still apply to the TDR program.
C. Receiving Area Qualifications.
1. A property owner may apply to have their property be designated as a receiving area and rezoned to receive the transfer of development rights receiving (“TDR-R”) overlay zone through the city’s rezoning process set forth in Chapter 17.90 EMMC.
2. Upon rezone receiving areas shall be designated on the official zoning map of Eagle Mountain City and shall function as overlay zones, such that all the provisions of the underlying zone shall apply, unless altered by the provisions of the overlay.
3. Where a property is partially contained within a receiving area, only the portion of the property contained within the receiving area may be used for the purposes of applying transferable development rights credits (“TDR credits”).
4. When considering whether to rezone a property within the TDR-R overlay zone, the planning commission and city council, in accordance within the city code, shall consider the ability of the property, utilities, nearby roadway networks, transportation system capacities and options, and other land use characteristics to accommodate additional density on the property.
5. A receiving property that brings TDR credits to their property may only use the development rights permitted in accordance with the existing zoning regulations applicable to the receiving property and as shown in the table below:
|
Base Zoning |
Base Density |
Allowable Density Increase of the Receiving Area |
|---|---|---|
|
Single-Family Residential Zones (Defined as R-1, R-2, R-3, R-C, FR zones in EMMC Title 17) |
As per zone based on average lot size requirements |
Up to a 25 percent decrease in average lot size requirements |
|
MF-1 Zone |
10 units per acre |
Up to 12.5 units per acre |
|
MF-2 Zone |
20 units per acre |
Up to 25 units per acre |
6. The city shall require one TDR credit per every half-acre of receiving property. [Ord. O-59-2024 § 1 (Exh. A)].