HISTORY OF LAND USE IN CHATT HILLS
Transfer of Development Rights: The community undertakes the first formal TDR program in Georgia
From: TDR: Current programs and proposals for standard implementation programs (University Student Report April 23, 2007 )
From: TDR: Current programs and proposals for standard implementation programs (University Student Report April 23, 2007 )
The Chattahoochee Hill Country Alliance (CHCA) developed a Master Plan for 40,000 acres of South Fulton County through a community-wide process. The Fulton County Board of Com[1]missioners unanimously voted to adopt the Land Use Plan as part of its 2015 Land Comprehensive Land Use Plan in August 2002. Subsequently, Fulton County unanimously adopted the Overlay District guidelines in October 2002. This plan will serve as the blueprint for future growth in the area and has the potential to be a national model for sustainable community planning.
Key to the implementation of the Land Use Plan is the transfer of development. In April 2003, the State Legislature passed an amendment to the Transfer of Development Rights legislation, making TDRs available to any county that adopts enabling TDR ordinances. Fulton County had already passed the enabling ordinance earlier that month, making Fulton County the first eligible area for TDR transactions, not only in Georgia, but in the entire southeastern United States. Their goal was to promote the conservation of natural, agricultural, environmental, historical, and cultural resources and to encourage smart growth in appropriate areas.
A TDR program is a growth management tool in which the potential development of one piece of land is transferred to another piece of land. This is typically done to remove harmful development from an environmentally sensitive area while still allowing the land owner to gain financially from their property. The program requires the establishment of “sending” and “receiving” zones and a bank with which to do the transfer. Development rights are bought and sold by potential developers. This creates a situation where the development companies themselves are paying for the protection of environmentally sensitive land instead of the government, which typically gets stuck with the bill.
This public funding of natural resource protection comes from our historical system of Euclidian zoning. If a developer feels slighted by the lack of zoning density given to them on a particular plot of land, they have the right to compose a lawsuit charging a taking, demanding that the government pay them retribution for the lost value on their property. To prevent this time consuming and money draining process, a governing body could easily be coerced into granting partial development variances on the land in question. Transfers of development rights were created to prevent this issue of compensation.
Transferring development rights requires three elements, sending areas that are to be protected, receiving areas that are to be developed, and a TDR Bank. A TDR Bank can be a public, quasi-public, private, or non-profit organization. The primary purpose of a bank is to buy and sell TDRs and provide administrative assistance in the transfers. How much these development rights are worth depends on how community chooses to define the sending and receiving areas and the credits themselves. The primary benefits of creating a bank include: leading education programs to help landowners understand what the concept of development rights; providing interested parties with the appropriate forms and requirements for a successful transfer; and to supervise the process behind TDRs to prevent fraud or complications in the transfers.
(Comments: The above University Student report offers an excellent historic overview of the Transfer of Development Rights program adopted by Fulton County in 2003. When the city of Chattahoochee Hill Country incorporated in 2007, it adopted Fulton County's zoning, then began the long process of making changes so as to craft its unique zoning. The city of Chattahoochee Hills updated its TDR ordinance in 2015 and again in 2023.)
Key to the implementation of the Land Use Plan is the transfer of development. In April 2003, the State Legislature passed an amendment to the Transfer of Development Rights legislation, making TDRs available to any county that adopts enabling TDR ordinances. Fulton County had already passed the enabling ordinance earlier that month, making Fulton County the first eligible area for TDR transactions, not only in Georgia, but in the entire southeastern United States. Their goal was to promote the conservation of natural, agricultural, environmental, historical, and cultural resources and to encourage smart growth in appropriate areas.
A TDR program is a growth management tool in which the potential development of one piece of land is transferred to another piece of land. This is typically done to remove harmful development from an environmentally sensitive area while still allowing the land owner to gain financially from their property. The program requires the establishment of “sending” and “receiving” zones and a bank with which to do the transfer. Development rights are bought and sold by potential developers. This creates a situation where the development companies themselves are paying for the protection of environmentally sensitive land instead of the government, which typically gets stuck with the bill.
This public funding of natural resource protection comes from our historical system of Euclidian zoning. If a developer feels slighted by the lack of zoning density given to them on a particular plot of land, they have the right to compose a lawsuit charging a taking, demanding that the government pay them retribution for the lost value on their property. To prevent this time consuming and money draining process, a governing body could easily be coerced into granting partial development variances on the land in question. Transfers of development rights were created to prevent this issue of compensation.
Transferring development rights requires three elements, sending areas that are to be protected, receiving areas that are to be developed, and a TDR Bank. A TDR Bank can be a public, quasi-public, private, or non-profit organization. The primary purpose of a bank is to buy and sell TDRs and provide administrative assistance in the transfers. How much these development rights are worth depends on how community chooses to define the sending and receiving areas and the credits themselves. The primary benefits of creating a bank include: leading education programs to help landowners understand what the concept of development rights; providing interested parties with the appropriate forms and requirements for a successful transfer; and to supervise the process behind TDRs to prevent fraud or complications in the transfers.
(Comments: The above University Student report offers an excellent historic overview of the Transfer of Development Rights program adopted by Fulton County in 2003. When the city of Chattahoochee Hill Country incorporated in 2007, it adopted Fulton County's zoning, then began the long process of making changes so as to craft its unique zoning. The city of Chattahoochee Hills updated its TDR ordinance in 2015 and again in 2023.)
Fulton County TDR Ordinance as it related to Chattahoochee Hill Country (April 2003)
(Under development)
(Under development)
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