Before You Can Transfer A Development Right, you must prove:
THAT the “Receiving” property does not qualify for a building right; AND
THAT the “Receiving” Property meets the following minimums:
Is designated as agricultural on the comprehensive plan and is at least twenty (20) acres in size; OR: Is designated as residential on the comprehensive plan, but is not located within a city area of impact, and is at least three (3) acres in size; OR: Is designated as residential on the comprehensive plan, located within a city area of impact, is at least two (2) acres in size, and is in compliance with the following:
As a condition of obtaining a transfer into a city impact area, an applicant shall show: 1. That the building site is compatible with the city's expansion plans. 2. That the building site does not interfere with any projected rights of way. AND the applicant shall enter into a written agreement with the county: 1. That when the land surrounding the receiving property becomes an approved subdivision, the receiving property shall become a part of the subdivision and any improvements required to make the receiving property a part of the subdivision shall be made at the owners' expense. 2. That in the event the sending property is adjacent to or abuts the receiving property and the sending property is subdivided, the receiving property shall become a part of the subdivision and all improvements on the receiving property shall be made at the receiving property owners' expense. All improvements shall be made to conform to then existing city subdivision requirements.
THAT the “Receiving” property is not prime farm ground; or if the “Receiving” property is within a city impact area and the proposed site is compatible with city expansion plans and projected rights of way; AND
THAT the transfer would not create more than 4 residential sites on the Original Parcel of the "Receiving" property. If there are 4 residences on the original, the property would have to apply through the subdivision process to obtain additional building rights.
THAT the “Receiving” Building Site is not in the Flood Plain. AND
THAT the “Sending” property does qualify for a building right; AND
THAT the transfer of the development right from the “Sending” property would preserve prime farm ground; or THAT The transfer of the right from the “Sending” property would eliminate residential structures in undesirable locations such as flood plain areas; or THAT the transfer of the right from the “Sending” property would preserve open spaces; or THAT the transfer of the right from the "Sending" property would preserve land that is critical to wild life habitat which is in need of protection.
IN ADDITION, if 4 residences exist along any PRIVATE roadway, there shall be no additional building rights/permits available to the area served by that road unless and until the roadway serving the area is brought up to existing current County right of way and design standards and the roadway is accepted by the Board of County Commissioners.
The Transfer of Building Rights may require two public hearings. The first hearing is with the Planning and Zoning Commission. Their decision will be in the form of a recommendation to the Board of County Commissioners. The Board makes the final decision. The applicant or a representative must attend all hearings. If the “Receiving” parcel lies within a city impact area, the application must be presented to the respective city for their recommendation to any decisions being made. It is our office’s recommendation that the applicant attend the meeting(s) by the city to give input to that body that will be making a recommendation.
At the point of a decision to approve, an agreement will be drafted by the County that must be signed by all parties involved in the transaction including the County. The applicant must record the agreement at the County Clerk's office within ninety (90) days of approval or the approval will be withdrawn and the application process will have to start over with no refund of fees. Once the agreement has been signed and recorded an application for a residential building permit may be submitted.
It shall be at the discretion of the persons selling and buying a transferable development right to determine whether a right will be transferred permanently or will expire if not exercised within a set period of time. In the event the seller and the buyer determine that the development right must be used within a set period of time, that agreement and the accompanying time limitations shall be set out in the application. The buyer and seller shall be responsible for recording such documents as necessary to put subsequent purchaser on notice of the transferred development right.
Congratulations!!! You have passed the hurdle of determining that the “Sending” property has a residential building site to transfer. The next stipulation is that the "Sending" property must be of greater agricultural value than that of the “Receiving” property.
When filling out the applications, each property’s information will need to be accurate and kept separate.
It is conceivable that the applicant may not be the owner of either parcel but is applying on a contingency basis. Our office will need a complete name and mailing address for all owners as well as the applicants for correspondence purposes.
Sending and Receiving parcel addresses can be as simple as the address of an existing home on the property in question or as vague as a crossroad and city, i.e. 2 miles South of Fruitland on Elmore Road.
In your own words, describe what is your request and how it complies with the Transfer Ordinance. Again, a clear, concise narrative will best express your ideas to the Commission. You will also submit this or a form of this orally to the commission and/or Board at the time of the Public Hearing.
CONCEPTUAL PLAN REQUIRED:
This conceptual plan of the property will need to show the proposed site of the new dwelling, any existing structures on the property, access to public roadways, parking areas, easements, utilities, retention basins, setbacks, North arrow and any other features that may be applicable to the property.
This is a metes and bounds description in its entirety that can be found on the deed describing the last transfer of the property(s). It will need to be very accurate as it will be printed as a public notice in the local newspaper and will be included in the recorded Transfer of Development Right Agreement. It will also dictate where the home may be located.
NAMES AND ADDRESSES OF PROPERTY OWNERS WITHIN 300 FEET:
The names of those persons owning property 300 ft from your property lines will be provided by Planning and Zoning staff. If the property(s) are within a mile of a CAFO, the applicant must provide the CAFO owner's name and address.
Information relating the irrigation of the sending and receiving properties which describes the availability of water, the nature of the irrigation delivery and/or drainage application systems. If the receiving property lies within an irrigation district and will receive water from such district the applicant must demonstrate in writing that the applicant has met with and obtained a recommendation from the district affected by the application.
Recommendation by the affected road department and any other entities recommendation which will result from or be required by the transfer of a development right should also be attached.
The owner of the “Sending” property must supply a title report on the property to notify all lien holders who claim any interest in the property of their intention to move a right to build. In the event a development right is transferred without the consent of ALL lien holders, Idaho Code makes the transfer void ab initio.
The application must be complete before it can be accepted by the P&Z office. The Administrator reserves the right to hold but not officially accept this application until total review is accomplished and all required information is submitted. The Planning and Zoning Administrator shall have the authority to require additional specific information relevant to the consideration of any application.