This bylaw enables the transfer of development potential from one area to another. The transfer of development rights (TDR) makes it possible to greatly restrict or even prohibit development entirely in one area called the "sending/preservation area" and transfer those rights to another area called the "receiving area" where there are little or no impediments to higher density, such as an area serviced by public water and sewer. The density is transferred from a sending area to a receiving area. By creating receiving areas as markets for the sale of unused development rights in the sending areas, TDR program encourages the maintenance of low-density land uses, open spaces, historical features, critical environmental resources, and other sensitive features of the designated sending areas. When the owner of a sending area sells development rights to the owner of a receiving area, the purchaser thereby increases the development rights beyond otherwise permissible limits. In this manner, local governments can protect a variety of sensitive features while providing a mechanism to compensate any perceived diminution in land development potential. The TDR program is consistent with the Raynham Master Plan to further the conservation and preservation of natural and undeveloped areas, wildlife, flora, and habitats for endangered species; the preservation of coastal resources, including aquaculture; protection of groundwater, surface water, as well as other natural resources; balanced economic growth; the provision of adequate capital facilities, including transportation, water supply, and solid, sanitary, and hazardous waste disposal facilities; the coordination of the provision of adequate capital facilities with the achievement of other goals; the development of an adequate supply of affordable housing; and the preservation of historical, cultural, archaeological, architectural, and recreational values.

As used in this article, the following terms shall have the meanings indicated:

Any lot or lots deemed to meet the standard of qualifying for a transfer must be either conveyed to the Town at no cost or be permanently restricted from future development by way of a development restriction, such as, but not limited to, a conservation restriction or agricultural preservation restriction in accordance with MGL c. 184, §§ 31 to 33, as most recently amended. Such restriction shall be submitted to the Planning Board prior to approval of the project and recorded at the Registry of Deeds/Land Court prior to the conveyance of any development right. A management plan may be required by the Planning Board, which may describe how existing woods, fields, meadows or other natural areas shall be maintained in accordance with good conservation practices, or how the sending area will be utilized for active or passive recreation. Upon receipt of a special permit for development where such special permit is conditional upon the voluntary, permanent restriction of development rights, no TDR certificate shall be released to the applicant until all documents described in this bylaw have been recorded in the appropriate Registry of Deeds.