3.5.100 Density Transfers.
A. Purpose. The purpose of this section is to implement the Comprehensive Plan and encourage the protection of sensitive lands through the allowance of housing density transfers. Density transfers are the authorized transfer of allowed housing units (per BDC Title 2) from one portion of a property to another portion of the same property, or from one property to another contiguous property.
B. Determination of Allowable Housing Units. The number of allowed housing units on a property is based on the surface area of the property (in acres) times the maximum allowed housing density in BDC Title 2.
C. Density Transfer Authorized. Allowed housing units may be transferred from one portion of a property to another portion of the same property, or from one property to another contiguous property. The density transfer shall protect sensitive land areas as listed below either by dedication to the public or a land trust, or by a nonrevocable conservation easement. Sensitive land areas include:
1. Land within the 100-year floodplain;
2. Land or slopes exceeding 25 percent;
3. Drainage ways;
4. Wetlands;
5. Identified Areas of Special Interest;
6. Goal 5 Resources;
7. A stand or grove of significant trees as defined in BDC Chapter 3.2.
A density transfer shall not be approved unless it meets one or both of the criteria below and it also conforms to subsections (D) and (E) of this section.
1. The applicant shall dedicate land to the public in a size, configuration and condition desirable for public park or recreational purposes; or
2. The density transfer is used to develop a mix of single-unit and multi-unit housing on the same property or development site.
D. Prohibited Density Transfers. Density shall not be transferred from land proposed for street right-of-way, stormwater detention facilities, private streets, and similar areas that the Planning Director determines do not provide open space or recreational values to the public.
E. Density Transfer Rules. All density transfers shall conform to all of the following rules:
1. Allowed housing units shall be transferred only to developable lands (“receiving areas”). The number of allowed housing units shall be reduced on properties from which density is transferred (“sending areas”) based on the number of housing units transferred. The new number of housing units allowed on the sending area shall be recorded on a deed for the property that runs with the land. The deed shall state that the number of allowed housing units is subject to review and approval by the City, in accordance with current Zoning and Development Codes.
2. The number of units that can be transferred is limited to the number of units that would have been allowed on the unbuildable area if not for the regulations in this code.
3. The total number of housing units per property or development site shall not exceed 100 percent of the maximum number of units per gross acre permitted under the applicable Comprehensive Plan designation; except as otherwise permitted through the Master Planned Development process in BDC Chapter 4.5.
4. All density transfer development proposals shall comply with the development standards of the applicable land use district, except as otherwise allowed by the Master Planned Development process in BDC Chapter 4.5.
5. Public notice of the proposed density transfer is provided to all neighboring properties within 250 feet of the receiving property. [Ord. NS-2423, 2021; Ord. NS-2016, 2006]