It is the purpose and intent of this article to provide for the transfer of development rights (the maximum development that would be allowed on a parcel under its current zoning) from one property to another to promote the conservation of natural, agricultural, environmental, historical and cultural resources and encourage smart growth in appropriate areas.

(Ord. No. 23-09, § 2(Exh. A), 12-14-2023, eff. 1-11-2024)

[The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]

Development rights means the development that would be allowed on the sending property under any comprehensive or specific plan or local zoning ordinance in effect on the date the municipality adopts the transferable development rights ordinance. Development rights may be calculated and allocated in accordance with factors including dwelling units, area, floor area, floor area ratio, height limitations, traffic generation, or any other criteria that will quantify a value for the development rights in a manner that will carry out the statutory objectives.

Person means any natural person, corporation, partnership, trust, foundation, nonprofit agency, or other legal entity.

Receiving area means an area identified as an area authorized to receive development rights transferred from a sending area.

Receiving property means a lot or parcel within which development rights are increased pursuant to a transfer of development rights. Receiving property shall be appropriate and suitable for development and shall be sufficient to accommodate the transferable development rights of the sending property without substantial adverse environmental, economic, or social impact to the receiving property or to neighboring property.

Sending area means an area identified by an ordinance as an area from which development rights are authorized to be transferred to a receiving area.

Sending property means a lot or parcel with special characteristics, including but not limited to farmland; woodland; desert land; mountain land; a flood plain; natural habitats; wetlands; ground-water recharge area; marsh hammocks; recreation areas or parkland, including golf course areas; or land that has unique esthetic, architectural, or historic value that the town desires to protect from future development.

Transfer of development rights means the process by which development rights from a sending property are affixed to one or more receiving properties.

Transfer ratio means the ratio of the number of development rights that may be allocated to and transferred from a lot or parcel in a sending area to the number of development credits that may be allocated to and used upon a lot or parcel in a receiving area.

(Ord. No. 23-09, § 2(Exh. A), 12-14-2023, eff. 1-11-2024)

(1)

Sending areas are those properties from which development rights may be transferred to a receiving area.

(2)

Sending areas may be any properties in Tallulah Falls except those areas that are ineligible under section 2305 or as otherwise prohibited by this Code.

(3)

Additional sending areas may be designated through the amendment process as set forth in Appendix A (Zoning) and the procedures and requirements set forth in O.C.G.A. § 36-66A-2.

(Ord. No. 23-09, § 2(Exh. A), 12-14-2023, eff. 1-11-2024)

(1)

Receiving areas are those properties which may receive development rights from a sending area.

(2)

Receiving areas may be any property in Tallulah Falls except those areas that are ineligible under section 2305 or as otherwise prohibited by this Code.

(3)

Additional receiving areas may be designated through the amendment process as set forth in Appendix A (Zoning) and the procedures and requirements set forth in O.C.G.A. § 36-66A-2.

(Ord. No. 23-09, § 2(Exh. A), 12-14-2023, eff. 1-11-2024)

(1)

Transferable development rights (hereinafter referred to as "TDRs") are subject to the following eligibility requirements:

(a)

Any parcel from which all development rights have previously been sold or transferred shall be ineligible to send or receive TDRs;

(b)

Any parcel on which a conservation easement (legally binding agreement between a property owner and a governmental body or charitable organization qualified under O.C.G.A. § 44-10-2(2) that restricts the type and amount of development and use that may take place on a property) or other permanent deed restriction has been previously granted shall be ineligible to send or receive TDRs;

(c)

Any parcel fully developed based on its existing zoning shall be ineligible to send or receive TDRs;

(d)

Any parcel or portion of a parcel that has been designated and zoned as a Sensitive Land District or Flood Hazard Area District shall be ineligible as a receiving area;

(e)

Any parcel zoned as a Flood Hazard District shall be ineligible to send or receive TDRs;

(f)

Any property zoned PUD shall be ineligible to send or receive TDRs; and

(g)

Any land within riparian buffers mandated by state or local law shall be ineligible to send or receive TDRs.

(2)

The following restrictions shall also apply to the transfer of development rights:

(a)

Property zoned R-I may not transfer development rights to other property zoned R-I. Property zoned R-I may only transfer development rights to property with a higher density.

(b)

Property zoned R-II may transfer development rights to property zoned R-II or higher.

(c)

Property zoned BD or HB may transfer development rights to only property zoned as BD or HB.

(d)

The maximum density allowed shall not exceed 12 units per acre.

(Ord. No. 23-09, § 2(Exh. A), 12-14-2023, eff. 1-11-2024)

An eligible landowner or authorized representative must provide the following:

(1)

Name, address and telephone number of applicant and applicant's agent, if any;

(2)

Proof of ownership of the sending property;

(3)

Metes and bounds written legal description and plat prepared by a licensed surveyor;

(4)

If the property is vacant, a written description of the physical characteristics of the property;

(5)

Site plan which illustrates existing or proposed dwellings, historic structures, easements or other encumbrances;

(6)

The processing fee as established by the zoning administrator; and

(7)

The cost of a title search, which is to be done by an attorney of the zoning administrator's choosing.

(a)

Should said title search reveal any secured interest in the property, including but not limited to security deeds, easements or encumbrances, the landowner or authorized representative must provide a letter of authorization or consent from the holder(s) of such interest(s), which authorizes the transfer of the development rights. Such authorization or consent must be in writing, signed by the party with the power to make such an authorization and be notarized.

(Ord. No. 23-09, § 2(Exh. A), 12-14-2023, eff. 1-11-2024)

Within 95 days of the receipt of a complete application for a transfer of development rights certificate, the zoning administrator shall certify the number of transferable development rights, assign serial numbers accordingly, and issue a transfer of development rights certificate. Development rights ("TDRs") shall be calculated in accordance with the following:

Sending parcels: TDRs that are available to be created and transferred from sending parcels are calculated on the basis of baseline density of the sending parcel, as per section 1502 (lot requirements) of the Zoning Ordinance of the Town of Tallulah Falls, less any existing dwelling units and previous transfers of TDRs. Once the number of TDRs has been calculated, it shall be rounded up to the nearest whole number.

(Ord. No. 23-09, § 2(Exh. A), 12-14-2023, eff. 1-11-2024)

(1)

The governing body of the Town of Tallulah Falls is hereby granted the right and power to purchase TDRs for conservation purposes or resale. These TDRs must still be severed from the sending parcel(s) in the same manner as described in section 2311.

(2)

Persons wishing to purchase TDRs for conservation purposes or resale are authorized to do so. These TDRs must still be severed from the sending parcel(s) in the same manner as described in section 2311.

(Ord. No. 23-09, § 2(Exh. A), 12-14-2023, eff. 1-11-2024)

(1)

Qualified receiving parcels may use TDRs to develop additional density allowed through the TDR program, over and beyond the parcel's baseline density.

(2)

Beyond baseline density, development should not exceed a maximum density of an average of 12 units per acre within a receiving parcel.

(3)

To use the TDR(s), an owner or authorized representative must submit an application, which shall be provided by the zoning administrator, with the following information included:

(a)

Name, address, and telephone number of applicant and authorized representative, if any;

(b)

Proof of ownership of the receiving parcel(s);

(c)

Boundary survey of the receiving parcel(s);

(d)

A plat with the TDR(s) the owner or representative wishes to use on the parcel(s);

(e)

Proof of ownership or the option to buy the assigned TDR(s);

(f)

The processing fee as established by the zoning administrator; and

(g)

Review and approval by the zoning administrator, which shall be as follows: The zoning administrator shall consider the application, and shall be guided by the ordinances, guidelines, criteria and policy statements herein and as further adopted by the mayor and council regarding TDRs. The zoning administrator shall evaluate the application for any potential substantial adverse effect on the surrounding neighborhood and/or the city at large. The zoning administrator shall also consider the building and development plans for the receiving parcel. The zoning administrator may approve the application as proposed if it meets all requirements, or approve it with any modifications it deems necessary to ensure the application meets all requirements, table until a date certain to give the applicant time to revise the application to ensure it meets all requirements, or reject it if the applicant is not willing to accept changes necessary to ensure the application meets all requirements. In the event the zoning administrator rejects an application, it shall state its reasons for doing so, and shall transmit a record of such actions and reasons, in writing, to the applicant. The zoning administrator may suggest alternative courses of action it thinks proper if it disapproves of the application submitted. The applicant may make modifications to the application and may resubmit the application at any time after doing so.

(4)

Once a receiving parcel has been approved, the final plat should be recorded with the zoning administrator and state as follows:

(a)

"The TDRs used in this plat have been transferred in accordance with the deed of transfer, as prescribed in the Tallulah Falls Transferrable Development Rights Article."; and

(b)

The serial numbers of the TDRs used in the receiving parcel(s).

(5)

The original TDR certificates shall be submitted to the zoning administrator for extinguishment.

(Ord. No. 23-09, § 2(Exh. A), 12-14-2023, eff. 1-11-2024)

Any proposed transfer of development rights shall be subject to the notice, hearing and approval requirements of O.C.G.A. § 36-66A-2. A transfer of development rights shall be approved by the zoning administrator if it meets the requirements of this division.

(Ord. No. 23-09, § 2(Exh. A), 12-14-2023, eff. 1-11-2024)

(1)

Deed of transfer. A deed of transfer shall be required to convey development rights from a sending parcel to a purchaser. The deed shall be valid only if it is signed by the owner or authorized representative of the sending parcel, complies with all legal requirements for the transfer of real estate, contains provisions established by the zoning administrator and is recorded in the chain of title of the sending parcel.

(a)

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 development rights, the serial number(s) of the TDRs being conveyed along with a copy of the TDR certificate issued by the zoning administrator for the sending parcel.

(2)

Restrictive covenant. A restrictive covenant shall be filed in the real estate records office memorializing and agreeing to the limitation of development based upon the maximum density of the parcel(s) due to the zoning classification at the time the TDR(s) are to be severed. This restrictive covenant shall be perpetual and binding on the property owner and every successor in interest.

(3)

Sufficiency of documents. Prior to the recordation of the deed of transfer parties to the transaction must obtain an opinion from a licensed Georgia attorney that the deed and restrictive covenant have been executed by all necessary parties and is perpetual and binding on the property owner and every successor in interest. A copy of this document shall be provided to and recorded in the county or counties in which the sending property lies.

(4)

Re-issuance of TDR certificates. In the event of the transfer of fewer than all of a landowner's development rights, the landowner must return the original TDR certificate to the zoning administrator upon the recordation of the deed of transfer. The landowner must provide a copy of the deed of transfer that contains the serial numbers of the development rights transferred.

Within 100 days of the receipt of the complete TDR certificate, the zoning administrator shall reissue a certificate to the landowner reflecting the remaining TDRs and the corresponding serial numbers, if requested by the landowner.

(Ord. No. 23-09, § 2(Exh. A), 12-14-2023, eff. 1-11-2024)

Appeals shall be filed with the Tallulah Falls Board of Zoning Appeals.

(Ord. No. 23-09, § 2(Exh. A), 12-14-2023, eff. 1-11-2024)