§ 25-8-393. TRANSFER OF DEVELOPMENT INTENSITY.

(A)

An applicant who complies with a provision of this subsection qualifies for the development intensity transfer described in the provision, subject to the requirements in subsection (B) and the impervious cover limitations in section 25-8-392 ( Uplands Zone ).

(1)

The applicant may transfer 20,000 square feet of impervious cover to an uplands zone for each acre of land in a critical water quality zone:

(a)

dedicated to the City or another entity approved by the Watershed Protection Department director in fee simple and which the City or other approved entity accepts; or

(b)

on which restrictions are placed to the benefit of the City or other approved entity and which the City or other approved entity accepts; and

(c)

the applicant does not include in impervious calculations elsewhere.

(2)

The applicant may transfer 20,000 square feet of impervious cover to an uplands zone for each acre of land in an uplands zone:

(a)

located either in the 100-year floodplain or in an environmentally sensitive area as determined by environmental resource inventory and approved by the director of the Watershed Protection Department; and

(b)

dedicated to the City or another entity approved by the Watershed Protection Department director in fee simple and which the City or other approved entity accepts; or

(c)

on which restrictions are placed to the benefit of the City or other approved entity and which the City or other approved entity accepts; and

(d)

the applicant does not include in impervious calculations elsewhere.

(3)

Land dedicated in fee simple to the City under this subsection may also be to credited toward the parkland dedication requirements of Chapter 25-4, Article 3, Division 5 ( Parkland Dedication ).

(B)

An applicant who qualifies for a development intensity transfer under Subsection (A) must comply with requirements of this subsection to effect the transfer.

(1)

For transfers between two subdivided tracts:

(a)

An applicant may transfer development intensity to a receiving tract that is within the same watershed classification as the transferring tract. This limitation does not apply if the transferring and receiving tracts are both owned by the applicant and are separated only by property that is also owned by the applicant.

(b)

An applicant must concurrently plat the transferring and receiving tracts and must transfer all development intensity at that time.

(c)

An applicant must note the development intensity transfer on the plats of the transferring and receiving tracts, in a manner determined by the director.

(d)

An applicant must file in the deed records a restrictive covenant, approved by the city attorney, that runs with the transferring tract and describes the development intensity transfer.

(2)

For transfers between two site plans:

(a)

An applicant may transfer development intensity to a receiving tract that is within the same watershed classification as the transferring tract. This limitation does not apply if the transferring and receiving tracts are both owned by the applicant and are separated only by property that is also owned by the applicant.

(b)

The transfer must be noted on the receiving and transferring site plans;

(c)

An applicant must file in the deed records a restrictive covenant, approved by the City Attorney, that runs with the transferring tract and describes the development intensity transfer.

(d)

The transfer must occur before the receiving and transferring site plans are released.

(3)

For transfers within a single site plan, an applicant must file in the deed records a restrictive covenant, approved by the City Attorney, that runs with the transferring tract and describes the development intensity transfer.

Source: Section 13-2-525; Ord. 990225-70; Ord. 031211-11; Ord. 20131017-046.