Provo City Zoning Code
14.33B TDR
Transferable Development Rights Overlay Zone
14.33B.010 Purposes and Objectives.
The purposes of this TDR overlay zone are to:
(1) Protect the general health, safety, and welfare of current and future residents;
(2) Preserve open space, scenic views, and natural features on hillside areas;
(3) Discourage development in sensitive and natural hazard areas;
(4) Allow owners of sensitive lands development rights in other areas of the City; and
(5) Provide a method whereby development rights may be transferred from sending sites to receiving sites to meet the above purposes.
14.33B.020 Definitions.
For the purposes of this Chapter, the following words and terms are defined as follows:
“Base zone density” means the maximum number of dwelling units permitted by the zoning classification of a sending or receiving site and not including any density increase from the overlay zone.
“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.
“Receiving area” means a geographic area designated by the Provo City Zoning Map within which one (1) or more receiving sites may be located.
“Receiving site” means a legally created parcel of land that has been zoned TDR-R and to which development rights are transferred in accordance with the requirements of this Chapter.
“Sending area” means a geographic area designated by the Provo City Zoning Map within which one (1) or more sending sites may be located.
“Sending site” means a legally created parcel of land that has been zoned TDR-S and from which development rights are transferred in accordance with the requirements of this Chapter.
“Transfer of development rights” means the conveyance of one (1) or more development rights by deed, easement, or other legal instrument to another parcel of land in accordance with the requirements of this Chapter.
14.33B.030 Use in Combination.
The TDR Zone will overlay and be used in combination with existing conventional zones. If there is a conflict between the provisions of this Chapter and the requirements of Title 14 or 15, Provo City Code, the requirements of this Chapter take precedence. Property to which the TDR Zone has been applied may only be developed in conformance with the applicable, approved project plan, subdivision, or other approved development plans. Written references to a zone that is overlain by the TDR Zone will include the underlying zone along with the acronym of the overlay zone, e.g., R1.10TDR-R or R1.10TDR-S.
14.33B.040 Permitted Uses.
14.33B.050 Development Standards.
14.33B.060 Provision of Facilities.
14.33B.070 Establishment of Sending and Receiving Areas.
(1) The City Council may establish sending and receiving areas with the TDR overlay designation on the official zoning map in accordance with Section 14.02.020, Provo City Code. The designation “TDR-S” will be the prefix for the overlay zone for sending sites, the designation “TDR-R” will be the prefix for the overlay zone for receiving sites.
(2) Sending areas are limited to property that has been found to have natural hazards within or adjacent to property boundaries, as verified by the City Engineer.
(3) Receiving areas are limited to vacant properties in the RA, R1, VLDR, or LDR zones.
(4) The City Council may apply the TDR-R Overlay designation in conjunction with a rezone request to an RA, R1, VLDR, or LDR zone if the request is consistent with the General Plan and this Chapter.
14.33B.080 Application Requirements.
In addition to submittal requirements in Section 14.02.020, Provo City Code, an eligible landowner or authorized representative for a sending site (TDR-S) must provide the following:
(1) A written description of the physical characteristics of the property that constitutes a hazard;
(2) A study or other evidence of the stated hazard, stamped by a licensed engineer; and
(3) Either:
(a) A conservation easement document; or
(b) Proof that the property or parcel has been designated hazardous by the Provo City Engineer.
14.33B.090 Sending Site Requirements.
(1) Development rights may only be created and transferred by means of a conservation easement and a TDR-S credit certificate that meet the requirements of this Chapter.
(2) In order to be eligible to transfer one (1) or more development rights from a parcel of land, the parcel must be located within a sending area designated pursuant to this Chapter and shown on the official zoning map.
14.33B.100 Receiving Site Requirements.
(1) Development rights may only be received by means of a TDR-R credit certificate and a development plan that meet the requirements of this Chapter.
(2) In order to transfer one (1) or more development rights to a parcel of land, the parcel must be located within a receiving area designated on the official zoning map.
14.33B.110 Development Approval Process.
(1) The following is the sending site approval process that must be followed to send development right (TDR-S) credits:
(a) TDR-S property owners may choose to develop their property as platted and in accordance with City engineering requirements, or they may choose to sell, transfer, or joint venture their development rights.
(b) TDR-S property owners may request a TDR-S credit certificate from the Provo City Development Services Director. The TDR-S certificate must list the density or number of units available to be transferred from the TDR-S site.
(c) A TDR-S credit certificate may only be sold, conveyed, or otherwise transferred by the owner(s) or their legal representative.
(d) The sale, conveyance, or transfer must include the surrender of the TDR-S credit certificate, which authorizes the Development Services Director, or designee, to transfer the development credits to the stated transferee by reissuing the TDR-S credit certificate in the transferee’s name, and recording a TDR-S certificate with the County Recorder’s Office.
(e) With each transfer or sale, a conservation easement must be recorded covering the entire parcel.
(f) When all available TDR-S credits on a sending site have been purchased, no uses other than those enumerated in the conservation easement are allowed. Responsibility for any required maintenance or abatement remains with the fee title owner.
(g) TDR-S credits expire and are terminated upon development approval on a receiving site and the recording of a conservation easement against the sending site, or if the owner of the TDR-S credits chooses to forfeit development rights and records a conservation easement on the entire sending site.
(h) TDR-S property owners must notify any lien or mortgage holders of the sale of TDR-S credits, and the notification must be demonstrated by written approval submitted to the City prior to transfer.
(i) It is the responsibility of TDR-S property owners to notify the county tax assessor regarding possible changes in property value.
(2) The following is the receiving site approval process that must be followed to receive TDR credits:
(a) All regulations in Titles 14 and 15, Provo City Code, regarding zoning, subdividing, and approval processes are in effect on a receiving site. If any development within the TDR-R Zone requests an increase in density from the base zone density, it must be realized through TDR-S credits.
(b) Application of the TDR overlay is a zone map amendment and is therefore subject to the approval of the City Council.
(c) Any development requesting higher density than the base zone density shall bring evidence of TDR-S credits in the form of options to purchase, ownership, or joint ventures at the time of development review, as well as evidence of ownership prior to final approval.
(i) Areas may develop at the base zone density without purchasing TDR-S credits.
(ii) Any development approval process using TDR-S credits must adhere to all other underlying zoning requirements.
(d) A request to utilize development rights on a receiving site must be in the form of a preliminary subdivision application or a concept plan application in accordance with Provo City Code.
(e) The Planning Commission will recommend approval of a request to utilize development rights on a receiving site if the request:
(i) Does not exceed the density limitations permitted in the underlying zone, except insofar as additional density is provided through TDR-S credits;
(ii) Is in accordance with the provisions of this Chapter;
(iii) Is in accordance with the subdivision and site plan regulations;
(iv) Is consistent with other policies and goals of the General Plan; and
(v) Achieves a compatible development with surrounding uses.
(f) A receiving credits certificate will be issued to the property owner upon final approval by the Development Services Director indicating the total number of development rights that may be transferred to the property in accordance with this Chapter.
14.33B.120 Conservation Easement Required.
This Section applies only to properties where the development rights have been transferred from the property, but the ownership of the property remains private.
(1) A conservation easement must be established on each sending site from which development rights are transferred.
(2) The conservation easement required by this Chapter must be in a recordable form approved by Development Services and must meet the requirements of Utah Code Annotated Section 57-18-1 et seq. The conservation easement must also include the following terms:
(a) The holder of the easement must be:
(i) Provo City;
(ii) Another government entity; or
(iii) A charitable organization that:
(A) Qualifies as being tax exempt under Section 501(c)(3) of the Internal Revenue Code; and
(B) Is organized in whole or in part for the purpose of accepting and managing conservation easements.
(b) The easement must require that the easement area be maintained as it exists when the easement is created, including natural areas, wildlife preserves, trails, or other identified environmental or open land resources.
(c) The easement must include a reference to the extinguishment of the development rights transferred from the sending site. If additional rights are transferred after the recordation of a conservation easement, the easement must be amended to reflect the extinguishment of those additional rights and must be recorded thereafter.
(d) All parties who have a declared interest in the property, recorded at Utah County, must consent to the granting of a conservation easement.
(3) If the holder of a conservation easement granted pursuant to this Chapter desires to transfer the easement to another entity, the recipient of any transferred interest must meet the requirements of this Section.
(4) It is unlawful to convey a conservation easement granted pursuant to this Section unless the City has indicated its approval. Any instrument purporting to make such a conveyance in violation of this Subsection is void and may not be recorded or accepted by the City Recorder for recording at the County Recorder’s Office.
14.33B.130 Development Credit Determination.
(1) For the purposes of this Chapter, development credit is defined as either a sending credit or receiving credit and shall be equivalent to one dwelling unit per credit.
(2) The total number of development credits available to a sending site will be determined as follows and as shown on the official Provo City Zoning Map, with the criteria for the different risk levels to be determined by the City Engineer:
(a) Extreme Risk. For each lot within a TDR-S overlay zone shown as an extreme risk site for development, a total of three (3) development credits will be available, as provided in this Chapter.
(i) Extreme risk lots are indicated by a red overlay on the zoning map.
(b) High Risk. For each lot within a TDR-S overlay zone shown as a high risk site for development, a total of two (2) development credits will be available, as provided in this Chapter.
(i) High risk lots are indicated by an orange overlay on the zoning map.
(c) Moderate Risk. For each lot within a TDR-S overlay zone shown as a moderate risk site for development, a total of one and one-half (1 1/2) development credits will be available, as provided in this Chapter.
(i) Moderate risk lots are indicated by a yellow overlay on the zoning map.
14.33B.140 Zoning Maps.
