Transfer of Development Rights
Chesterfield Township: A Case Study
New Jersey Highlands Council
March 5, 2009
Chesterfield Township’s
Old York Village
Transfer of Development Rights
and
Traditional Neighborhood Design
Background
•
•
•
•
•
1989, 2004 Enabling legislation
“Windfall & Wipeout” of traditional zoning
TDR – balancing the scales of equity
County’s role in TDR
State’s role in TDR????
What is TDR?
• Clustering of development on a township-wide, not
parcel specific, basis
• Transfer of development potential from one parcel to
another
• Effects:
– Preservation of land from which development
potential is transferred
– Increased development density on land to which
development potential is transferred
Elements of a TDR Program
• Resource Protection (“Sending Area”)
Identify the resource to be protected
• Allocation of Development Potential
Existing zoning and environmental constraints
• Transfer Mechanism
Deed Restrictions, enrollment procedure, appeals
Elements of a TDR Program (cont’d)
• Planning for Development (“Receiving Area”)
Size of the Receiving Area: gross vs. net densities,
environmental constraints, open space
Infrastructure plan & financing
Site planning & Architectural design standards
Voluntary vs. Mandatory
“Mandatory” TDR
Sending Area significantly “downzoned:
TDR is the only equity opportunity for landowners
“Voluntary” TDR
Sending Area NOT downzoned; landowners retain
underlying zoning/development opportunities
TDR is an option, not a requirement, to access land equity
A Chesterfield
Township Profile
924 dwellings
New York City
Flemington
2,614 residents
Trenton
21.61 square miles
121 residents/sq. mi.
Philadelphia
Burlington
County
2000 Census
New Jersey
2004 State Plan
Designations
Centers
Crosswicks
Planned
Village
Chesterfield
Sykesville
Chesterfield TDR Program
• Township planning initiative
•
•
•
•
•
•
Preservation goal: farmland preservation
Development goal: Neotraditional village
TDR ordinance adopted 1998
“Voluntary” TDR program
Pre-existing zoning: 3.3 acre lot average
Leading PDR municipality: 4,670 acres
Sending Area Statistics
• 7,525 acres; 1,408 associated TDR credits
• Land must be farmland assessed; > 10 acres
• Can build up to 1 unit per 50 acres after
enrollment in TDR program
(lot size of 1 acre or more)
• Credit allocation formula:
(1:2.7 + 1:6 + 1:50) + 10%
Preserved Lands
PDR Preserved: 4,670 acres
TDR Preserved: 2,142 acres
TDR Contracts: ~ 600 acres
TOTAL to date: 7,412 acres
755.75 credits enrolled or under
contract (53.7% of allocated credits)
Receiving Area
Crosswicks
Village
Context
1990’s Large-Lot
Development
Existing Single-Lot
Patterns
Receiving Area
Crosswicks Creek
Tributary
Receiving Area Statistics
•
•
•
•
•
570 acres; 122 associated TDR credits
Gross density = 2.2 TDRs/acre
Total build out: ~1250 units
Design for neo-traditional village
Sewer provided through NJDOC facility
Village Plan for
Receiving Area
Single-Family
Three-Family
Mixed-Use
Civic / Institutional
Recreation
Open Space
Street Hierarchy
Boulevard
Parkway
Neighborhood
Alley
Parking
Street Hierarchy
Boulevard
Recreation and
Open Space
Active Recreation
Open Space
Bike Path
Foot Trail
Stormwater
Management
Design Principles
Site Planning
Standards
Historic Homes of Chesterfield
Georgian
Italianate
Federal
Second Empire
Victorian
Greek
Revival
Architectural Standards
Architectural Standards
Streetscape
Design and
Furnishings
Implementing TDR
1997 - Master Plan Identifies Sending and
Receiving Areas
1998 - Land Development Ordinance
Creates TDR Zoning
1999 - Wastewater Management Plan
Approved by NJDEP
2000 - NJ State Planning Commission
Designates Receiving Area as a
Center
2002 - Master Plan Amendment Creates
Village Plan & Architectural
Standards
2003 - Construction Commences on First
Subdivision
2004 - First CO’s Issued
2006 - 115 CO’s Issued
212 Building Permits Issued
Subdivision Approvals for 813 Units
Subdivision Pending for 357 Units
2,060 acres enrolled and preserved
Planned
Village
Implementation
Status
• Developers control 100% of the receiving area
• 66.5 % of the Township’s ultimate development
capacity (1,170 units) is either approved, under
construction or completed
• Construction commenced by four developers
on 580 units (526 COs issued)
• School location has been designated as the hub
of the community
• Recreation Improvement District created to
fund $3.9 million in common facilities
• Transportation Improvement District created to
fund $8.9 million in collector roads
The Bottom Line
TDR is a growth management tool, not a
shield to prevent growth
Planning Board/Developer dynamic
changed
TDR creates a “center” design
opportunity: Old York Village embodies
principles of Traditional Neighborhood
Design as found in local examples, such as
historic Crosswicks Village
TDR can successfully preserve farmland
and open space by substituting private
capital and the operation of the real estate
market for public funding
Awards
American Planning Association
2004 Outstanding Planning Program
New Jersey Planning Officials
2004 Achievement in Planning Award
New Jersey Future
2003 Smart Growth Award
American Society of Landscape Architects
NJ Chapter 2003 Landscape Planning and
Analysis Merit Award
American Planning Association
NJ Chapter 2002 Outstanding Planning
Implementation Award