A.

Ownership of real estate is more than just ownership of a patch of dirt. Ownership comes with a bundle of rights, such as the right to occupy the surface of the land, the right to valuable things (such as oil and minerals) beneath the surface of the land, the right to plant trees and crops, the right to the airspace above the land, the right to improve the land by adding roads and buildings such as houses and barns, and the right to sell or lease the land.

B.

These various rights may be split, or "severed," from the land and sold to others. In the American west, land often does not come with the rights to the minerals beneath it ("mineral rights") or the water that lands on it or flows across it ("water rights"). In a city, a building owner may sell the rights to the space above the owner's building ("air rights") to allow a larger building to be constructed above it. Similarly, "development rights" may be severed from undeveloped rural land and transferred to another owner separately from the land.

C.

When a development right is severed from the land, a legal document is recorded with the county to protect the property and keep it rural. That legal document is defined in this article.

D.

In Chattahoochee Hills, development rights are severed to protect an area or parcel in the city from development, and to move that development potential elsewhere in the city. Our goal is to permanently protect 70+ percent of the city by moving rural development rights and concentrating them in mixed-use walkable communities on the balance.

E.

A transferable development right can be sold and purchased. That the seller can profit by selling their development rights is one of the many rights that are a part of the seller's bundle of rights. The seller continues to own the land and can continue to live on it or farm it but may no longer subdivide or otherwise develop the land. The parts of the city from which property owners may sever their development rights and transfer them to other owners is called the "sending area." The city's sending areas are defined in this article.

F.

The parts of the city in which a property owner may apply a transferred development right are called "receiving areas." the receiving areas are defined in this article and the rules for applying transferred development rights in the receiving areas are set forth in this article. When a development right is purchased and applied according to the rules in this article, the new owner receives a commensurate increase in development potential on the owner's property.

(Ord. No. 23-02-255, § 1, 2-7-2023)

For purposes of this article:

ACEP means the agricultural conservation easement program (ACEP) protects the agricultural viability and related conservation values of eligible land by limiting nonagricultural uses which negatively affect agricultural uses and conservation values, protect grazing uses and related conservation values by restoring or conserving eligible grazing land, and protecting and restoring and enhancing wetlands on eligible land. It is run by the USDA Natural Resources Conservation Service.

Agricultural uses shall mean, for purposes of this article, those certain uses included in the definition of farming, general in section 7-1 of the UDC and accessory and supplementary agricultural uses in sections 7-3 and 7-4 that are not inconsistent with the purposes or that would impair or interfere with the conservation goals of this article.

Affirmative agricultural easement shall mean the conservation easement described in subsection 13-10.A.2 below.

ALE means an agricultural land easement (ALE) protects the long-term viability of the nation's food supply by preventing conversion of productive working lands to nonagricultural uses. Land protected by agricultural land easements provides additional public benefits, including environmental quality, historic preservation, wildlife habitat and protection of open space. Land eligible for agricultural easements includes private or tribal land that is agricultural land, cropland, rangeland, grassland, pastureland, and nonindustrial private forest land. Eligible land types and which also meets one of the four following land eligibility criteria:

1.

Parcels enrolled to protect prime, unique, or other productive soil.

2.

Parcels enrolled to provide protection of grazing uses and related conservation values.

3.

Parcels containing historical or archeological resources.

4.

Land that furthers a state or local policy consistent with the purposes of ACEP-ALE.

Conservation instrument means a perpetual conservation easement established in accordance with the GUCEA or ACEP or a perpetual covenant granted for public use and running with the land pursuant to Georgia Code § 44-5-60(c), and in each case in accordance with the provisions of this article.

Density transfer credits program (DTC program) shall mean the program established in this article whereby developers or other parties shall have the option of increasing the density of eligible receiving area properties by paying an amount to the city in lieu of each TDR that would otherwise be needed. Density transfer charges established under that program are termed DTCs. The city may use the proceeds received this way to preserve land, or to program preserved land, or for similar public benefit.

Department shall mean the City of Chattahoochee Hills Department of Community Development.

Development rights shall mean those development rights as described under the TDR, PDR, and DTC programs established in this article.

Existing dwelling shall mean a principal dwelling that was built, or permitted to be built, before the date of the adoption of this section 13-2 by city council.

GUCEA shall mean the Georgia Uniform Conservation Easements Act (Georgia Code §§ 44-10-1, et seq.),

Model form shall mean the form conservation easement described in subsection 13-11.A.2.b. below.

Plan administrator shall have the meaning set forth in section 13-4 below.

Purchase of development rights program" (PDR program) shall mean the program established in this article whereby the plan administrator can purchase on behalf of the city the development rights of properties within the city for the conservation of natural, agricultural, environmental, historical, archeological, cultural, and scenic resources, and other preservation goals, purchasable development rights established under that program are termed PDRs.

Ranking document shall mean the criteria in the ACEP-ALE program or that is established from time to time by the plan administrator in consultation with the department to evaluate priority of applications for transfers and acquisitions through the TDR, PDR, or DTC programs.

Scenic shall mean those intrinsic visual features of land that reinforce the rural and natural character of the city, including, but not limited to, the forested and horizon views described in subsection 13-3.C.4. below.

Transfer of development rights program (TDR program) shall mean the program established in this article whereby developers or other parties can purchase the development rights of eligible sending areas and transfer the rights to eligible receiving areas to increase the density of new developments. Transferable development rights established under that program or previously certified for eligible sending areas under the Fulton County TDR program are termed TDRs.

(Ord. No. 23-02-255, § 1, 2-7-2023)

A.

In its adopted comprehensive plan, the city established a goal of retaining its rural and natural character. Consequently, the city desires to preserve land which defines the city as rural and natural such as farmland and forests. This article enables programs by which such land is preserved through the transfer or acquisition of development rights to promote the conservation of land which features certain intrinsic qualities such as agricultural, environmental, historical, archaeological, recreational, character, scenic viewshed, and cultural resources that should be protected or enhanced in at least 70 percent of the city, while encouraging a denser, walkable, financially sustainable development pattern in the remaining 30 percent that does develop. The value of the transferred development rights allows non-developing landowners in the city to share in the economic benefits of traditional neighborhood development without encouraging sprawl development.

B.

The use of TDRs, PDRs, and DTCs is an important part of the city's strategy for the preservation of its rural and natural character. The transferring of development rights is a method for permanently conserving and protecting land, for example, by allowing an increase in the development potential in one area (the receiving area) in return for reducing development potential in another (the sending area). The transfer process should be guided by the characteristics of certain parcels or areas where preservation or development is desired.

C.

The TDR, PDR, and/or DTC programs are designed to achieve the following:

1.

Increase total protected open space. The TDR and DTC programs provide a means of clustering development on a city-wide scale, increasing the amount of open space preserved.

2.

Increase contiguous open space. The TDR and DTC programs encourage development to be concentrated on fewer properties, thereby providing more contiguous open space that is better wildlife habitat.

3.

Reduce infrastructure. If each property in the city develops, this will maximize the miles of roads and infrastructure that must be maintained and serviced by the city. The increase of density on a property through the transfer or purchase of TDRs, PDRs, and DTCs can decrease the length of roads and infrastructure, while keeping the number of units in the city the same. This can result in a substantial reduction in the length of roads and other infrastructure to be built, maintained, and serviced per dwelling while maintaining a similar tax base, thus decreasing the city's operating costs and individual residents' tax burdens.

4.

Preserve scenic resources. Much of the city is currently forested. Roadways that are buffered by trees and tree canopy by their nature feel rural. Additionally, land in agriculture or meadow is important to the area's character because these are places with views that enable one to see the horizon and have a sense of space. While the character of any specific undeveloped parcel visible from the road may change over time, the fact of its visibility (or potential visibility) can render it scenic even if only in the potential, and therefore worthy of preservation. If development is concentrated on these properties, it erodes the rural character because it is highly visible. TDR, PDR, and DTC programs provide ways in which this land may be protected by transferring the development potential to other sites through the sale of TDRs, PDRs, and DTCs.

5.

Other TDR, PDR, and DTC program preservation goals. The city also has an interest in protecting agricultural uses, improving the connectivity of and access to preserved space, and cultivating outdoor recreational opportunities.

D.

The TDR, PDR, and DTC programs support the preservation of property:

1.

TDR. The typical TDR method is an open market of property owners negotiating transactions among themselves in arms-length transactions. The city is involved in this process to the administrative/documentary extent provided in this article and related public educational and other activities. The city does not set the cost or function as a broker in private party transactions.

2.

DTC. An alternative, called the density transfer charge (DTC) program is also available to property owners seeking additional density. It is offered as a simpler, more targeted form of the TDR program. Property owners utilizing DTCs pay into a city-controlled fund that is utilized to preserve property. DTCs provide benefit to the city by allowing the city to prioritize properties for protection based on the purposes of this article. It can also provide funds that can be leveraged with grants and other programs to protect properties. The process also can be more streamlined than the TDR option. The developer of the property also benefits because the timing of payments can be tied to issuance of building permits or to sales of housing units and paid by the end user.

3.

PDR. The purchase of development rights (PDR) program is an additional valuable tool the city has to further its goals of land conservation. This program is a vehicle to stimulate the local market for development rights and encourage transfers of those rights to preserve agricultural lands, natural rural greenspace, and viewsheds. PDR is a voluntary program that enables property owners to transfer their development rights to the plan administrator via a permanent conservation easement or other permitted legal instrument, while holding fee simple title to the land and continuing to farm or otherwise use the land.

(Ord. No. 23-02-255, § 1, 2-7-2023)

A.

The city council shall approve a memorandum of understanding ("MOU) between the city and the plan administrator. This MOU would describe the roles and responsibilities of the city and the plan administrator in preserving rural and natural land in the city pursuant to the TDR, PDR, and/or DTC programs and in program administration. The MOU would authorize the plan administrator to utilize funds collected from DTCs or by appropriations from the city government or by grant funds or donations or from any other source to purchase TDRs or PDRs or to purchase land fee simple, remove the development rights to create TDRs or PDRs and subsequently sell or lease the land. The MOU would outline the development and the methods that would govern the land trust use of city funds to protect land by conservation easements or other permitted legal instruments.

B.

The MOU shall require an accounting of all funds provided to the plan administrator from DTCs and the number and location of acres preserved. The MOU shall also require that any income earned through conservation activities funded by DTCs shall be subject to the same restrictions as money collected directly from DTCs.

C.

The plan administrator or other parties are required to monitor and protect the land covered by conservation instruments in perpetuity as specified therein. The MOU may authorize the plan administrator to utilize some reasonable portion of the DTC and other funding to cover the costs of program administration, including annual monitoring and reporting of the property on which the conservation instrument is established and the cost of legal services to seek corrective actions in court in the event that the covenants of the conservation instrument are violated, and the landowner or other parties do not take required corrective action.

(Ord. No. 23-02-255, § 1, 2-7-2023)

A.

The following processes are typical processes for sending area property:

1.

The TDR seller (sending area owner) and the TDR buyer (receiving area owner) negotiate the terms of the transaction.

2.

Preliminary assessment of available TDRs and proposed conservation instrument.

3.

Prepare survey and other documents.

4.

Final assessment of available TDRs and approved conservation instrument.

5.

Record conservation instrument.

6.

Department issues certificates and serial numbers (see section 13-6 below).

7.

Prepare deed of TDRs transfer if a buyer is ready.

8.

Provide the city with a third party's opinion as to the sufficiency of the documents.

9.

Record deed of TDRs transfer.

10.

Sign and record deed of TDRs transfer.

B.

The following processes are typical processes for receiving area property:

1.

Determine TDRs required.

2.

Negotiate the terms of the transaction with the TDRs seller (sending area owner).

3.

Sign and record TDRs deed of transfer.

4.

Assign TDRs to receiving area parcels and record with the city.

(Ord. No. 23-02-255, § 1, 2-7-2023)

A.

Allocation of TDRs. This section controls how TDRs are allocated to an owner of sending area property. TDRs are generally distributed at a 1:1 development-rights-per-acre ratio. The TDR is distinguished from the right to develop on a property in subsection (B) of this section. The allocation is prioritized to provide the greatest incentive to retain as open space the most desirable properties, including natural rural greenspace and viewsheds with significant scenic, size, and connectivity features. Subsection (C) of this section spells out some types of property that are not eligible to sever and send TDRs. Subsection (D) of this section sets the land area of a property that is eligible to sever and send TDRs. Subsection (E) of this section addresses the number of TDRs available on the base area. Subsection (F) of this section provides for bonus TDRs for conserving desirable features on larger parcels. Subsection (G) of this section establishes a reduction of TDRs available on land that is not developable due to natural features. Subsection (H) of this section makes clear the number of TDRs to be deducted if the landowner intends to reserve additional sites for future dwellings.

B.

Nature of TDRs. TDRs are not a right to develop on a property; they are a right to sever and send the development potential to another owner or developer of an eligible property. The city has an interest in seeing transfers occur because protecting certain rural and natural properties while providing additional development potential for others not only supports the community's stated goal of remaining rural, it also reduces the burden on the taxpayer of municipal service delivery. Because there is no direct relationship to the right to develop, the TDR comes into existence only when it is established in accordance with this article, severed from the sending area, and a conservation instrument protecting the land in perpetuity is recorded.

C.

Eligibility. Landowners or representatives with the authority to transfer fee simple ownership of any parcel in the city (except as noted below) may apply to the city for a TDR certificate. Parcels not eligible are as follows:

1.

Any parcel in any hamlet (HM) or village (VL) district;

2.

Any parcel from which all development rights have previously been severed, sold, or otherwise transferred;

3.

Any parcel on which a permanent conservation easement or other permanent deed restriction has been previously granted which effectively removes all development potential;

D.

Determine the base area. A survey of the land from which a TDR will be transferred shall be submitted to the city by the landowner or ultimate purchaser of the TDR. The survey shall identify the total area of the land and subtract the following from the total area to determine the base area:

1.

Road right-of-way. Deduct the area of land in any existing public right-of-way.

2.

Conservation land. Deduct the area of any land already under a permanent conservation easement, deed restriction, or other approved legal mechanism that preserves the land as open space or its other conservation values.

3.

Existing commercial or industrial development. Deduct the area of any land with existing non-agricultural, nonresidential development.

E.

TDRs available.

1.

Subject to the provisions of this section 13-6, a landowner intending to sell development rights is given one development right for each acre of base area owned provided that there are no existing dwellings.

2.

If there are existing dwellings, deduct one TDR per dwelling, except as permitted under an affirmative agricultural easement.

F.

Bonus TDRs available for properties of 40 or more acres.

1.

One of the chief methods of fulfilling the vision in the comprehensive plan "to "keep it rural" is to permanently protect natural rural greenspace viewsheds with significant scenic and connectivity features or with that potential. In order to encourage preservation of natural rural greenspace and to balance the total number of TDRs in the city, property without such features or potential is considered at a lower priority for preservation.

2.

Bonus development rights up to a maximum of 50 percent of other available development rights being sold may be given for parcels of natural rural greenspace viewshed with significant scenic and connectivity features or significant agricultural, environmental, historical, archaeological, recreational, or cultural resource qualities that should be preserved, or for approved public dedication or public access, as mapped or otherwise designated by the city or acceptable to and approved by the plan administrator in consultation with the zoning administrator. The mapping or other designation will be based on the city's strategy for preserving its rural character including, but not limited to, agricultural lands, natural rural greenspace, and viewsheds, as adopted by the city council.

G.

Non-developable acreage that is not under a previously established legal mechanism as defined in section 13-6-D.2. (such as wetlands, stream buffers or floodplains) shall have 0.5 development rights per non-developable acre deducted from the property's available TDRs.

H.

Reservation for future dwelling sites. Except as permitted under an affirmative agricultural easement or for family lots under section 11-6, any additional dwelling site reserved under the conservation instrument on the base area property will reduce the number of TDRs available by one TDR for each acre or portion thereof reserved for residential uses or residential accessory uses.

I.

Public dedication. A landowner transferring land to the city shall submit a transfer of title to the city council for approval. All transfers of title shall be recorded with the county superior court before final assessment of available TDRs.

J.

Preliminary assessment of available TDRs.

1.

Generally. A landowner who wants to sell development rights may seek a preliminary assessment of available TDRs by submitting the following documentation to the zoning administrator:

a.

A site survey that identifies parcel lines, total site area, and base area.

b.

Documentation of any conservation easements, deed restrictions, TDRs, DTCs, or PDRs already conveyed from or recorded or imposed upon the property.

c.

Identification of existing dwellings and reserved dwelling sites.

d.

Proposed conservation instrument to be used or statement that the model form will be adopted.

2.

Preliminary assessment. The zoning administrator shall review the documents and applicable plans, and then issue a preliminary assessment which indicates the estimated number of available TDRs that may be conveyed from the property, as follows:

a.

The zoning administrator shall make a good faith effort to estimate the number of TDRs that may be conveyed from the property based on the materials provided by the landowner or shall request additional information as needed for the preliminary assessment.

b.

The preliminary assessment shall include language that it is not final until final documentation, including a survey and base area calculation sealed by a land surveyor registered in the state, is provided to the city that verifies the information in the preliminary assessment letter.

c.

The city will work to try and issue preliminary assessments within two weeks of the submittal of full and complete documentation by the landowner.

K.

Final assessment of available TDRs.

1.

Generally. A landowner who wants to sell development rights shall apply for a final assessment of available TDRs, as follows:

a.

A sealed property survey that identifies parcel lines, total site area, and base area.

b.

Metes and bounds written legal description and plat prepared within 90 days of the date of application by a licensed surveyor;

c.

Documentation of any conservation easements, deed restrictions or covenants, or development rights already conveyed from or imposed upon the property, certified complete by an attorney or title agency;

d.

Conservation instrument adopting the model form or otherwise acceptable to and approved by the plan administrator and zoning administrator.

e.

Documentation of title transfer to the city and final recording with the county, as applicable for public dedication;

f.

Written description of the physical characteristics of the property;

g.

Site plan which illustrates existing or proposed dwellings, historic structures, archaeological and cultural features, easements, or other encumbrances; and

h.

The required processing fees.

2.

Calculation of TDRs. After the recording of a qualifying and approved conservation instrument upon the property, the department shall assign serial numbers accordingly, and issue a TDR certificate. Development rights shall be calculated according to subsections D through G of this section. The final number of TDRs will be calculated by rounding down to the nearest whole number.

3.

Final TDR assessment. The zoning administrator shall review the documents and applicable plans, and then issue a final assessment which sets out the number of TDRs that may be conveyed from the property.

L.

Creation of TDRs. After the final TDR assessment is complete and the sending area property owner has executed and recorded an approved conservation instrument, the city shall assign serial numbers for each TDR severed on the sending area property and provide a TDR certificate to the applicant. The zoning administrator shall keep a log of TDR certificates and serial numbers in the city's TDR registry.

As a matter of clarification, when property owners wish to sell TDR's, they are first required to have a conservation instrument recorded on the property for which those rights have been severed as set forth in this article.

M.

What to do with TDRs. TDRs are an interest in real property. They may be held as an investment; they also may be sold to or exchanged with any person or entity capable of owning real property. The city may purchase TDRs from property owners in pursuit of its land preservation goals, but it is under no obligation to do so at any time or for any particular price. TDRs are assumed to reach their greatest financial value when applied to a receiving area property to increase its potential development density.

N.

Appeal of calculation. Any landowner or authorized representative aggrieved by a final decision of the department related to the certification of transfer of development rights may appeal such final decision to the planning commission by filing, in writing, setting forth plainly and fully why the calculation is in error. Such appeal shall be filed no later than 30 days after the date of the department's final decision.

(Ord. No. 23-02-255, § 1, 2-7-2023; Ord. No. 25-08-287, § 8, 8-5-2025)

A.

A landowner may purchase TDRs to increase the development potential on an eligible property, known as the receiving site. The purchase may be made between landowners or from any holder of TDRs not affixed to a receiving site. This section governs the purchase of TDRs and the development that can be built with the purchased TDRs.

TDR receiving site owners shall have the option of paying a DTC amount in lieu of each TDR that would otherwise be applied to the receiving site. See section 13-8 below.

1.

Eligible properties. Receiving areas are those properties intended for mixed-use development; specifically, any property in any hamlet (HM), village (VL), or historic crossroads (HC) district not permanently protected as open space. Additional receiving areas may be designated through the amendment process as set forth in section 3-3 and the procedures and requirements set forth in O.C.G.A. § 36-66A-2.

2.

Development potential with TDR. When a developer purchases TDRs and applies them according to the process set forth in this article, the development potential of their property is increased by the number of TDRs purchased, up to the maximum density allowed in the district according to the district regulations or the applicable conditions of zoning. One development right permits the development of a single density unit as described in section 6-3.

3.

Calculation methods for acquisition of TDRs. The following formulas shall be used to compute the number of TDRs that must be utilized to develop a receiving area:

a.

The total number of proposed density units minus the total gross acreage of the area to be developed = total number of TDRs to be purchased from the sending areas.

b.

Example. Suppose 3,000 acres in a village are to be developed at four units per acre. Therefore, 3,000 acres x four units per acre = 12,000 units to be developed. 12,000 units minus 3,000 acres (based on the density available with the acreage of the receiving area, using a baseline of one unit per acre as shown in section 6-3 = 9,000 TDRs to be purchased from the sending areas.

B.

Use of TDRs. TDRs may be used, at the developer's option, to increase the density of a proposed development as follows:

1.

Plan to use TDR. The developer shall indicate on the initial preliminary plan submissions their intent to use TDRs to achieve the proposed plan's density. Since the hamlet and village are large-scale developments that can have development build-out periods of 15 to 30 years, the need for TDRs may change in response to future demands that are not anticipated in the initial development proposal. Hamlet and village plans may be modified as provided in this section. The plan shall indicate the units built by right and those to be built with TDRs.

2.

Source of TDRs. The developer shall submit proof of ownership of TDRs.

3.

Application of TDRs. TDRs are applied as follows:

a.

If the developer owns the TDRs, they are approved for use with the signing of the final plan for the first phase.

b.

The developer shall submit TDRs with each phase of development in proportion to the number of dwellings in the total development to be constructed with transferred development rights.

c.

When adding density to an existing approved plan, the developer must own and apply the additional TDRs.

d.

A fee shall be paid to the city for the administration of the TDR tracking system in accordance with the city's fee schedule.

4.

Disposition of TDRs. As TDRs are used in the manner provided in subsection (3) of this section, the city shall keep a record of their use. See section 13-11.

(Ord. No. 23-02-255, § 1, 2-7-2023)

A.

DTC option.

1.

Owners or developers of eligible TDR receiving sites shall have the option of developing such sites by paying a DTC amount in accordance with the provisions of this section 13-8 in lieu of each TDR that would otherwise be used.

2.

DTC rates. The DTC rates shall be approved and adopted annually by the city as a part of its fee schedule. The rates shall be determined by either a mass appraisal of the city by an appraiser hired by the city with professional expertise in appraisal of development rights in the 29-county Atlanta Metropolitan Statistical Area, conservation easements, or farmland preservation, or by the zoning administrator. The mass appraisal shall be based on the per-acre value of development rights within the city. In subsequent years, DTC rates may be approved by the city council based in part on a representative sample of recent arms-length TDR or PDR transactions.

3.

Use of DTC funds. The city shall use DTC proceeds exclusively for the preservation of properties pursuant to the TDR and PDR programs consistent with the purposes of this article, TDR and PDR programs administration (not to exceed the use of ten percent of DTC receipts unless otherwise approved by the city), or, upon separate approval by the city council, management or expansion of the city's open-space network, including acquisition and improvement of parks and interconnecting trails. The city may combine DTC proceeds with funding from other sources for such purposes or to acquire TDRs and PDRs.

4.

DTC application to receiving area property. When a DTC is applied to a receiving area development, the city shall assign a serial number to each DTC unit. As the development is platted, the DTCs are assigned to individual properties and the zoning administrator shall enter the information into the city's TDR registry, including the DTC serial number, the parcel IDs of the affected receiving area properties, and the new total number of density units assigned to each affected receiving area parcel.

5.

DTC liquidation.

a.

DTCs may be paid at the time of rezoning, may be paid at the time of issuance of building permits, or at the time of sale of housing units (where it would be paid by the end user).

b.

If the DTCs are paid with building permits or at the time of sale to the end user, the charge per density unit used in the building permit shall be based on the change in density due to the rezoning divided by the number of density units of the rezoned property. The charge per density unit shall be calculated by the following method: 1.25 times DTC rate times (total density units of the rezoned property minus number of acres of rezoned property)/total density units of the rezoned property. This charge shall be paid at the time a building permit is issued, or when the sale or transfer of the property is closed.

c.

DTCs may be added to the deed as a perpetual fee to be collected upon each property transfer.

(Ord. No. 23-02-255, § 1, 2-7-2023)

A.

Plan administrator and city role.

1.

The administration and management of the PDR program shall be pursuant to the MOU between the city and the Chattahoochee Hill Country Conservancy, Inc. (CHCC), a Georgia 501(c)(3) nonprofit corporation, or other qualified holder as defined in GUCEA § 44-10-2(2) (the "plan administrator") for the purpose of soliciting, acquiring, transferring, holding, and managing development rights via conservation instruments or their equivalent, including PDRs, TDRs, and/or assisting the city with DTCs, as such terms are defined in the UDC.

2.

The ex officio directors of the board of the plan administrator appointed after the effective date of this article for purposes of this article (the "directors") shall have a demonstrated interest in farmland preservation, conservation of natural areas, or other agricultural, rural, and natural lands preservation and/or management issues.

3.

Up to three directors shall be appointed by the mayor of Chattahoochee Hills in consultation with the chair of the board of the plan administrator, including one member of the city council, subject to confirmation by a majority of the city council.

4.

The plan administrator shall administer any program under the MOU funded by appropriations from the city government or by grant funds or donations or from any other source, which are appropriated or given for the purpose of acquiring development rights via conservation instruments or other interests in land designed to preserve and manage agricultural, rural, and natural lands in the city. The MOU may authorize the plan administrator to utilize some reasonable portion of the funding to cover the costs of program administration, including annual monitoring and reporting of the property on which the conservation instruments are established and the cost of legal services to seek corrective actions in court in the event that the covenants of the conservation instrument are violated and the landowner or other party does not take required corrective action. The plan administrator shall adhere to any specialized procedures established by the state, federal, or local government or any grant award for a particular program and, to the extent not inconsistent therewith, to any requirements established in this chapter.

B.

PDR program use of funds. The plan administrator shall place the proceeds realized from the transfer of PDRs in a dedicated account and shall use the proceeds consistent with the provisions of the MOU.

C.

PDR minimum criteria. In order for the PDR transfer to be considered by the plan administrator the following minimum criteria must be met:

1.

The applicant or applicants must have good, marketable, fee simple title to the parcel of land upon which the conservation instrument is proposed to be imposed;

2.

All conservation instruments for PDRs pursuant to this article shall be perpetual, as established in accordance with the GUCEA or Georgia Code § 44-5-60(c), and recordable; and

3.

All landowners of the parcel shall agree to maintain a land conservation plan and/or stewardship plan satisfactory to the plan administrator.

D.

PDR application procedures and preliminary review.

1.

In order for a development right via conservation instrument to be considered for purchase by the plan administrator, a completed application shall be submitted by the landowner on the application form established by the plan administrator and approved by the zoning administrator. The landowner or a duly authorized representative of the landowner may apply. All landowners shall sign the application. A separate application shall be required for each parcel of land offered for acquisition except for batch applications. The plan administrator shall establish policies and procedures to follow in assisting landowners with the application process, subject to approval by the zoning administrator.

2.

The plan administrator shall review the application preliminarily to determine if it is complete and if the property is eligible. If determined complete and eligible, the plan administrator shall notify the landowner in writing that the development right via conservation instrument will be considered for purchase or that, for reasons set forth in writing, the application is being rejected.

3.

The administrative fees for PDRs shall be established by the plan administrator subject to approval by the city.

E.

Conservation instruments minimum criteria; holder, third-party beneficiary. The conservation instrument must be acceptable to and approved by the plan administrator and zoning administrator, shall be recorded in the public records in every county in which any portion of the real property is located, and shall at a minimum:

1.

Identify the parties, that is, the landowners of the property, any easement holders, grantees, and the city as a third-party beneficiary with rights to enforce the conservation instrument if the city is not the holder or grantee. Holders and grantees must be independent from and unaffiliated with the landowners;

2.

Clearly identify the boundaries of the property by survey and a metes and bounds legal description;

3.

Provide for at least annual inspections of the property by the landowner, any easement holders, grantees, and/or the city to ensure compliance with the terms of the conservation instrument and this article;

4.

Provide for a land conservation plan and/or stewardship plan for maintenance of the property by the landowner that is acceptable to approved by the plan administrator and the zoning administrator;

5.

Provide that, where a conservation easement is used for the conveyance of PDRs, the requirements of subsection 13-11.A.2 below shall apply.

F.

Evaluation of agricultural land conservation applications by plan administrator. If the application is complete and the minimum criteria is met, the application shall be evaluated and scored by the plan administrator in accordance with:

1.

ACEP ALE ranking document published by the Natural Resources Conservation Service of Georgia, current version (see, https://www.nrcs.usda.gov/wps/portal/nrcs/detail/ga/programs/easements/acep/?cid=stelprdb1248387), as applicable, or

2.

Other ranking criteria established by the plan administrator, subject to approval by the zoning administrator.

G.

Conservation instruments; enforcement.

1.

The plan administrator shall use its best efforts to inspect the property to which each conservation instrument applies at least once annually to ascertain whether the landowner is complying with the conditions of the deed of conservation instrument. The plan administrator shall use its best efforts to promptly investigate complaints of violation of conservation instruments. In the case of any investigation or inspection, the plan administrator shall record its findings in records reported to the city which shall be available to the public. If the plan administrator finds that the provisions of any conservation instrument are being or have been violated, in addition to any rights available to any party under the conservation instrument and this article, an order may be issued by the city to require that the landowner take the action necessary to correct the violation. This shall follow UDC enforcement policies and procedures.

2.

From and after the time when a conservation instrument has been recorded pursuant to the PDR, TDR, or DTC programs, no building permit shall be issued for any structure nor any certificate of occupancy for any use which would violate the terms of the conservation instrument

(Ord. No. 23-02-255, § 1, 2-7-2023)

A.

In the transfer of development rights process, there are several types of easements that are required or encouraged by the city.

1.

Conservation easement. A voluntary legal agreement between a landowner and an easement holder by which the landowner imposes permanent restrictions on the way the property is used. Conservation values are protected by extinguishing some property rights, such as mining and subdivision, while reinforcing rights such as passive recreation, agriculture, silviculture, and some limited construction.

2.

Affirmative agricultural easement. A voluntary legal agreement and conservation instrument between a landowner and an easement holder that restricts the use of land only to agricultural uses. The goal of an affirmative agricultural easement is to maintain agricultural land in active farming production. Active production may be a requirement. Such an easement in part prohibits practices which would damage or interfere with the agricultural use of the land as well as encouraging implementation of good quality conservation farming practices. A landowner intending to sell development rights is eligible for bonus development rights under section 13-6 F.3. For each acre of land put into an affirmative agricultural easement.

3.

Access easement. a legal tool that allows a person access to a piece of property that he or she does not own.

(Ord. No. 23-02-255, § 1, 2-7-2023)

A.

Recording of TDR transactions (sending areas).

1.

Deed of transfer.

a.

A deed of transfer shall be required to convey TDRs from a sending parcel to a purchaser. The deed shall be valid only if it is signed by the owner or attorney-in-fact of the sending parcel, complies with all legal requirements for the transfer of real estate, contains provisions established by the department and is recorded in the chain of title after the conservation easement or other approved legal instrument is secured against the sending parcel.

b.

A deed of transfer shall contain a metes and bounds written legal description and a plat prepared by a licensed surveyor, the names and addresses of the grantor and the grantee of the TDRs, the serial numbers of the TDRs being conveyed along with a copy of the TDR certificate issued by the department and proof of the execution and recordation of a conservation easement or other approved legal instrument on the sending parcel.

2.

Conservation easement. Where a conservation easement is used in connection with the conveyance of the certified TDRs on a sending area or for PDRs, the following requirements shall apply.

a.

A conservation easement must be established in accordance with the GUCEA and this section. It must be acceptable to and approved by the plan administrator and zoning administrator and shall be recorded in the public records in every county in which any portion of the real property is located prior to the deed of transfer. Conservation easements established pursuant to this section may not be released or nullified by any party.

b.

The plan administrator in consultation with the department shall develop model conservation and agricultural easement forms (individually or collectively the "model form") that may be used to fulfill the requirements and purpose of this section, including the conservation of natural, agricultural, environmental, historical, cultural, and scenic resources and protection of agricultural uses and other preservation goals.

c.

In addition to the requirements of the GUCEA, each conservation easement established pursuant to this section shall contain at a minimum:

i.

The minimum criteria in subsection 13-9.C, above;

ii.

A metes and bounds written legal description and plat prepared by a licensed surveyor clearly identifying the boundaries and acreage of the sending area;

iii.

A description of the baseline conditions and features of the sending area, including those to be permanently protected from development;

iv.

Identification of the parties, including the property owners of the sending area, the holders and grantees, and the city as a third-party beneficiary with rights to enforce the conservation easement if the city is not the holder or grantee. Holders and grantees must be independent from and unaffiliated with the property owners;

v.

Prohibition against commercial or industrial developments, structures, and uses in the sending area, except for agricultural uses;

vi.

Reserved rights that are not prohibited and are consistent with the purposes of this section and the UDC including, but not limited to, no more than one acre designated for each reserved dwelling site;

vii.

Provision for inspections of the sending area by the owner, any easement holders, grantees, and the city to ensure that the land is not being developed and complies with the conservation easement;

viii.

Requirement for a land conservation plan and/or stewardship plan for maintenance of the sending area by the property owner in accordance with the conservation easement that is acceptable to and approved by the plan administrator and the zoning administrator;

ix.

Provisions for amendments only with the express written permission of all parties to the instrument that further the purposes of this section, and specifications for transfer in the case of the dissolution or bankruptcy of a party;

x.

Assurances that restrictions will be perpetual and run with the land and bind the property owner and every successor in interest to include a statement that the easement shall survive any merger of the easement interest and the fee simple interest of the property;

xi.

Other provisions consistent with the purposes of this article.

d.

Nothing in the conservation easement shall be required to convey to the public a right of access or use of the property. The owner of the property, and the owner's heirs, successors and assignees may retain exclusive right to such access or use subject to the terms of the easement. This should not be interpreted to preclude a grant of public access if the owner of the property chooses to grant it, subject to the terms of the easement. A TDR bonus may be given by the city in exchange for public access, subject to approval by the city council.

3.

Property owners interested in creating TDRs on their property should be careful to begin the process with the city before executing a conservation easement since property protected by conservation easement is not later eligible to be a TDR sending area (see subsection 13-6.C).

4.

Sufficiency of documents. Before recording the transfer deed and the conservation easement, parties to the transaction must obtain an opinion from a licensed Georgia attorney that the deed and easement have been executed by all necessary parties and is perpetual and runs with the land and binding on the property owner and every successor in interest. A copy of this document shall be provided to the plan administrator and zoning administrator.

5.

Reissuance of TDR certificates. In the event of the transfer of fewer than all of a landowner's TDRs, the landowner must return the original TDR certificate to the department upon the recordation of the conservation easement and deed of transfer. The landowner must provide a copy of the deed of transfer that contains the serial numbers of the TDRs transferred. Within 95 days of the receipt of the complete TDR certificate, the department shall reissue a certificate to the landowner reflecting the remaining TDRs and the corresponding serial numbers.

B.

City tracking of TDRs, ownership, and application to property.

1.

Tracking TDR ownership. When TDRs are transferred, the buyer or receiver of the TDRs shall register the transaction and recorded deed with the city and the change in ownership shall be recorded in the city's TDR registry.

2.

TDR application to receiving area property. When a TDR is affixed to a receiving area property, the zoning administrator shall enter the information into the city's TDR registry, including the TDR serial number, the parcel IDs of the affected receiving area properties, and the new total number of density units assigned to each affected receiving area parcel.

C.

Recordation of TDR transactions (receiving areas).

1.

Deed of transfer. The deed of transfer shall be recorded with the city, which shall keep a record of the transaction in the city's TDR registry.

2.

Plat requirements. The following information shall be recorded on the face of any plat for property which receives TDRs under the provisions of this article:

a.

A statement that the TDRs used in the plat have been transferred in accordance with the deed of transfer, prescribed in subsection (a)(1) of this section. The statement shall include the deed book and page numbers of the deed.

b.

The serial numbers of the TDRs conveyed along with a copy of the TDR certificate issued by the department.

D.

Approval of TDRs. If the property and process meet the requirements of this article and the zoning administrator shall approve the TDR. Approval of a TDR does not confer to the receiving property an automatic approval to develop. All development projects are subject to the review and approval procedures of this UDC.

(Ord. No. 23-02-255, § 1, 2-7-2023)

Pursuant to O.C.G.A. § 36-66A-1, Development rights made transferable pursuant to this article shall be interests in real property and shall be considered as such for purposes of conveyancing and taxation. Once a deed of TDRs created pursuant to section 1-6 has been sold, conveyed, or otherwise transferred by the owner of the parcel from which the development rights were derived, the TDRs shall vest in the grantee and become freely alienable. For the purposes of ad valorem real property taxation, the value of a TDR shall be deemed appurtenant to the sending property until the TDR is registered as a distinct interest in real property with the appropriate tax assessor or the TDR is used at a receiving property and becomes appurtenant thereto.

(Ord. No. 23-02-255, § 1, 2-7-2023)