Ordinance # 2016-12-01

The Town of Dane Transfer of Development Rights Program

Limited Transfers Between Parcels Allowed: Transfers of permitted dwelling units between any two or more contiguous or non-contiguous Agricultural Preservation Area parcels within the Town of Dane may be allowed. Most of the following conditions should be met for the transfer to be allowed:

a.  The parcel to which the dwelling units are to be transferred should be generally less suitable for agricultural use than the parcel(s) from which the dwelling units are to be transferred, AND

b.  The overall development density of the parcel to which the dwelling units are to be transferred shall not, following the transfer, exceed four dwelling units per 35 acres. AND

c.  The parcel(s) from which the dwelling units are proposed to be transferred (sending area) must clearly have a sufficient number of dwelling units left to transfer under the Town’s density policy, AND

d.  Prior to the rezoning becoming effective, all deed restrictions and easements must be added to the deeds of all affected parcels (including appropriate June 28, 1979 parcels) restricting further development to the extent that fair application of the Town density policy suggests, AND

e.  The Town shall utilize The Dane County TDR ordinance zoning districts TDR-S (DCCO 10.158) & TDR-R  (DCCO 10.159) to implement Town TDR Policy

f.   The Town shall notify all owners of property adjacent to or across a public street from the parcel to which the dwelling units are to be transferred of a public hearing on the proposal at the Town level.

g.  No Ratios: At no time will the Town of Dane Transfer of Development Rights Program increase the total number of housing rights from the number originally available as of June 28, 1979.