§ 106.0. DEO (Density Exchange Option) Overlay District  


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  • A.

    Purpose

    The DEO Overlay District is established to provide land owners in the RC and RR Districts with opportunity and incentive to preserve significant blocks of farmland in the rural area of the county. This district is also intended to encourage the clustering of residential development in areas where the development will not have an adverse impact on farm operations. To accomplish this, the DEO District allows residential density in the RC and RR Districts to be exchanged between parcels. Density exchanges in the District should result in large parcels being preserved in perpetuity, while residential development is directed toward parcels which are able to absorb the additional dwellings.

    B.

    Criteria

    Residential density may be exchanged between properties which are eligible to be sending and receiving parcels based on the criteria given below.

    1.

    Sending Parcels

    Properties within the DEO Overlay District which meet the following criteria are eligible to be sending parcels:

    a.

    The underlying zoning shall be RC;

    b.

    The minimum preservation parcel easement area shall be 20 acres for all sending parcels;

    c.

    The sending area shall not be subject to a forest conservation easement, Agricultural Land Preservation Easement, gasline easement or other recorded easement that reduces or removes its development rights. If a portion of a parcel is encumbered with such an easement, the encumbered area shall be subtracted from the acreage of the sending parcel for density calculations. After the encumbered acreage is deducted, the sending parcel must still fulfill the size criteria specified in paragraph 1.b of this subsection. When calculating density sending rights, floodplain easements and driveway/access easements do not need to be deducted.

    d.

    A property consisting of one or more contiguous parcels or lots may be eligible to be a sending parcel if the parcels, when combined meet the size criteria specified in paragraph 1.b. All parcels that do not meet the size criteria specified in paragraph 1.b of this subsection must be combined at the time that the preservation easement agreement for the sending parcel is recorded.

    2.

    Receiving Parcels—Density Exchange Option

    Parcels within the DEO Overlay District which are eligible for cluster subdivision and which meet the following criteria are eligible to be receiving parcels using the density exchange option as described in Subsection E., Bulk Requirements.

    a.

    The underlying zoning shall be RC or RR.

    b.

    The receiving parcel shall not be located within 2,500 feet of the normal water level of a water supply reservoir, as determined by the appropriate state agency according to state law and/or regulations; if a portion of a parcel is within this 2,500 foot restricted area, that portion is ineligible to be a receiving area and shall be subtracted from the acreage of the parcel to determine potential receiving area and density.

    c.

    The receiving parcel shall not be subject to a forest conservation easement or other recorded easement that reduces or removes its development rights. If a portion of a parcel is encumbered with such an easement, the encumbered area shall be subtracted from the acreage of the parcel to determine the potential receiving area and density.

    d.

    If the underlying zoning is RC, the parcel shall be less than 50 acres in size and adjacent to lots or parcels of 10 acres or smaller along at least 60% of its perimeter within Howard County. For purposes of this section, parcels separated by a utility right-of-way or public street right-of-way, other than a principal arterial highway, shall be considered adjacent. The portion of the parcel perimeter adjacent to a principal arterial highway or the Howard County boundary shall not be included in this calculation.

    3.

    Receiving Parcels—Cluster Exchange Option

    Parcels within the DEO Overlay District which are eligible for cluster subdivision and which meet the following criteria are eligible to be receiving parcels using the cluster exchange option as described in Subsection E., Bulk Requirements.

    a.

    The underlying zoning shall be RC;

    b.

    The receiving parcel shall not be located within 2,500 feet of normal water level of a water supply reservoir, as determined by the appropriate state agency according to state law or regulations. If a portion of a parcel is within this 2,500 foot restricted area, that portion is ineligible to be a receiving area and shall be subtracted from the acreage of the parcel to determine potential receiving area and density.

    c.

    The receiving parcel shall not be subject to a forest conservation easement or other recorded easement that reduces or removes its development rights. If a portion of a parcel is encumbered with such an easement, the encumbered area shall be subtracted from the acreage of the parcel to determine the potential receiving area and density.

    d.

    If the property is designated as Tier IV, subject to Senate Bill 236, it may not receive density beyond that needed for a minor subdivision (a maximum of four buildable lots or parcels).

    C.

    Uses Permitted as a Matter of Right

    Uses permitted as a matter of right shall be as permitted in the underlying district.

    D.

    Accessory uses

    Accessory uses shall be as permitted in the underlying district.

    E.

    Bulk Requirements

    1.

    Density

    The following density requirements shall apply to properties which are subdivided using the density exchange option or the cluster exchange option, in lieu of the density requirements of the underlying zoning district:

    a.

    Sending parcels

    (1)

    Density Exchange Option

    If the density exchange option is used, density may be exchanged from a sending parcel at a maximum rate of one development right per three gross acres.

    (2)

    Cluster Exchange Option

    If the cluster exchange option is used, density may be exchanged from a sending parcel at a maximum rate of one development right per 4.25 gross acres.

    (3)

    Dwelling on Sending Parcel

    One development right must be retained on the sending parcel, to allow for the construction or continued existence of one principal dwelling unit, unless the Department of Planning and Zoning approves an alternate means of ensuring long term property management. The dwelling unit retained on the sending parcel shall be calculated at the rate of one development right per 4.25 gross acres.

    b.

    Receiving parcels

    (1)

    Base Density

    Under both the density exchange option and the cluster exchange option, the base density of a receiving parcel shall be one dwelling unit per 4.25 gross acres. A receiving parcel may be developed at a higher density provided that one development right is acquired from a sending parcel for each additional dwelling unit beyond the base density. In receiving parcel subdivisions that include a preserved area, no additional dwelling unit shall be allowed for creation of a preservation parcel of at least 25 acres (see Sections 104.0.G and 105.0.G).

    (2)

    Achieved Density

    A receiving parcel shall be developed at a density greater than one dwelling unit per 4.25 gross acres, but not exceeding one dwelling unit per two net acres. The actual density achieved shall be limited by the requirements of the Subdivision and Land Development Regulations.

    c.

    Density for Residual Land of Minor Subdivision.

    If a minor subdivision (three or fewer lots plus the residual land) is recorded after September 18, 1992 and a preservation parcel easement agreement is not recorded (as allowed by section 104.0.G.1.h), the residual land may be:

    (1)

    A sending parcel. When calculating the number of development rights which may be sent from the residual land, 4.25 acres shall be subtracted from the acreage of the parcel which existed prior to subdivision for each cluster lot in the minor subdivision.

    (2)

    A receiving parcel. When calculating the number of development rights which may be received, the lots created in the minor subdivision shall be included in the acreage and density calculations for receiving parcels at 1 development right per 2 net acres.

    2.

    Lot Size

    The minimum and maximum lot size requirements for cluster subdivisions in the underlying district shall apply to the subdivision of receiving parcels.

    3.

    Other Bulk Requirements

    All other bulk requirements shall be as required for the underlying district.

    F.

    Requirements for Use of the Density Exchange Option or Cluster Exchange Option

    1.

    Density Exchange

    The exchange of density within the DEO Overlay District shall take place as a private exchange between property owners, subject to approval of sending and receiving parcels by the Department of Planning and Zoning in accordance with the procedures set forth below.

    2.

    Application for Receiving Parcel

    An application for use of the density exchange option or the cluster exchange option on a receiving parcel shall be made to the Department of Planning and Zoning and shall include the following:

    a.

    If a receiving parcel is in the RC District and the density exchange option is used, the size of all lots adjacent to the receiving parcel; and

    b.

    An initial calculation of the proposed density and the number of development rights to be obtained from a sending parcel.

    3.

    Approval of Receiving Subdivision

    The Department of Planning and Zoning shall tentatively approve the use of the density exchange option or the cluster exchange option on the receiving parcel, and allow the applicant to proceed with the subdivision process, if:

    a.

    The receiving parcel meets the criteria given in Section 106.0.B; and

    b.

    The Preliminary Equivalent Sketch Plan includes a justification for the proposed design that explains how it accomplishes the following objectives:

    (1)

    Locate and arrange cluster lots and subdivision roads to create consolidated preservation parcels appropriately shaped for one or more of the permitted uses. Generally, most of the preserved area shall be within preservation parcels designed to be suitable for agricultural use, protection of environmental features, and/or provision of a buffer between cluster lots and adjacent non-cluster lots, a scenic road, a historic site or farmland.

    (2)

    Avoid fragmentation of the preserved area into small, irregularly shaped preservation parcels.

    (3)

    Locate preservation parcels to be contiguous with adjacent preserved land, if any. Preserved land includes State or County parkland, land subject to a permanent preservation easement held by a governmental agency or land trust, and land held for protection of a water supply reservoir.

    (4)

    Minimize potential adverse impacts on existing farm operations.

    (5)

    Provide frontage and public street access for preservation parcels that may be suitable for agricultural and agribusiness uses in a manner that minimizes conflicts with cluster lots.

    (6)

    Avoid removal of existing tree stands or hedge rows, particularly along public street rights of way and between housing and farmland; and

    (7)

    Preserve the rural and scenic quality of the landscape, particularly as viewed from public roads.

    4.

    Phasing of Receiving Parcel Subdivisions

    Receiving parcel subdivisions may be recorded in sections. A final subdivision plan shall not be approved for the receiving parcel until one or more sending parcels are approved which provide the necessary number of additional development rights for the lots shown on the final subdivision plan.

    5.

    Application for Sending Parcel

    An application for approval of the sending parcel may be made at any time after approval of the Preliminary Equivalent Sketch Plan for the receiving parcel subdivision and shall include the following:

    a.

    A boundary survey of the sending parcel or the preservation parcel easement area if it does not cover the entire parcel;

    b.

    Documentation that the sending parcel complies with the criteria given in Section 106.0.B.1; and

    c.

    A calculation of the maximum number of development rights which may be removed from the sending parcel.

    6.

    Phasing of Sending Parcels

    Sending parcels may exchange density with receiving parcels on a phased basis, but must comply with the following:

    a.

    The initial phase must record a preservation parcel easement, consisting of both a plat and a deed of preservation easement, that encumbers at least the minimum number of acres required by Section 106.0.B., must be recorded at the same time as a plat for the receiving parcel, and must involve the transfer of at least one development right.

    b.

    A revised plat of easement must be recorded for each succeeding phase to track the number of development rights exchanged and the location of receiving subdivisions until all development rights have been exhausted.

    7.

    Combination of Sending Parcel and Cluster Subdivision.

    Sending parcels may both send some development rights and cluster the remaining rights on a portion of the property. In such instances, the exchange of development rights must occur prior to recordation of the sending parcel cluster subdivision. The intent to use the exchange option must be declared prior to approval of the preliminary cluster subdivision plan for the sending parcel. The sending plat of easement must comply with Section 106.0.B and be recorded prior to recordation of the cluster subdivision plat for the property.

    8.

    Sending and Receiving on the same Parcel Prohibited

    If a portion of a parcel is a sending parcel, the remainder of the parcel shall not be used as a receiving parcel.

    9.

    Recordation of Sending and Receiving Parcels

    Following approval of the preliminary subdivision plan(s) for the receiving parcels, the following documents shall be recorded at one time in the Land Records of Howard County:

    a.

    A final plat of easement for each sending parcel, designating the property as a sending parcel and indicating the number of development rights that have been removed from the parcel, the location of the receiving parcel(s) and whether one development right has been retained for a single principal dwelling unit as provided for in Section 106.0.E.1.a.(3). If a sending parcel consists of two or more contiguous parcels less than the minimum size required under Section 106.0.B.1, a final subdivision plat to combine the parcels is required.

    b.

    A deed of easement for each sending parcel. The deed of easement shall comply with the requirements of the underlying district for preservation parcel easement agreements, as given in Section 104.0.G.4 or 105.0.G.4.

    c.

    Final plat for the receiving parcel. The following types of final plats shall be permitted for receiving parcels:

    (1)

    Final subdivision plats dividing the receiving parcel into cluster lots.

    (2)

    The final plat for a portion of a receiving parcel may consist of bulk parcels which cannot be further subdivided until the necessary development rights are received from additional sending parcels. Additional final plats dividing these bulk parcels may be recorded in accordance with Sections 106.0.F.4 through 106.0.F.6.

    (3)

    A density receiving plat that records the number of development rights received from sending parcels but does not subdivide the parcel into cluster lots.

    (a)

    Density recorded on a density receiving parcel may be used only on that receiving parcel. Final plats dividing the land into the number of lots allowed by the density receiving plat shall be recorded in accordance with these Regulations and the Subdivision and Land Development Regulations.

    (b)

    Density recorded on a density receiving parcel may only be sent elsewhere in the future if the Department of Planning and Zoning determines, based on a detailed justification by the developer, that there is a unique hardship created by an unforeseen impediment to Health Department approval of well or septic design or another health or safety problem that cannot reasonably be corrected. In such a case the Department of Planning may approve:

    (i)

    Recording density sending and receiving plats to return all of the sent density to the sending parcel; or

    (ii)

    Sending all of the received density either to another DEO or another CEO receiving parcel, consistent with how the density was received.

    d.

    A deed of preservation easement for the preservation parcel in receiving subdivisions under Subsections F.9.c. (1) and (2) of this subsection.