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Prepared by: Robert Banks Assistant County Attorney 301 North Olive Avenue West Palm Beach, FL 33401 Return To: Palm Beach County, Zoning Division 100 Australian Ave West Palm Beach, FL 33406 CONTRACT

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How to fill out transfer of development rights

01

Obtain the necessary documentation: This may include zoning ordinances, existing land surveys, and any other relevant permits or approvals.

02

Determine the rights to transfer: Identify the development rights that are eligible for transfer. This could include the rights to build additional floor area, add more units, or change the use of the property.

03

Find a receiving site or buyer: Locate a property or buyer who is interested in acquiring the development rights. Ensure that the receiving site meets the requirements set forth by the local zoning regulations.

04

Negotiate a transfer agreement: Work with the receiving site owner or buyer to negotiate the terms of the transfer. This may include the price for the development rights, any conditions or restrictions, and the timeline for the transfer.

05

Prepare the necessary legal documents: Engage legal professionals to draft the transfer agreement and any other required documents.

06

Obtain approvals and permits: Submit the transfer agreement and relevant documents to the appropriate authorities for review and approval. This may involve the zoning board, planning commission, or other regulatory bodies.

07

Execute the transfer: Once all necessary approvals have been obtained, complete the transfer of the development rights by signing the transfer agreement and recording it with the appropriate land records office.

08

Monitor compliance: Ensure that both the sending site and receiving site adhere to the terms and conditions outlined in the transfer agreement. This may involve periodic inspections and reporting.

09

Seek legal advice if needed: If any issues or disputes arise during the transfer process, consult legal professionals to resolve them in accordance with local laws and regulations.

Who needs transfer of development rights?

01

Transfer of development rights is typically needed by property owners who wish to sell or transfer their unused development rights to another property. This could include owners of properties with unused building rights or surplus floor area. Developers or individuals seeking to increase the size or density of their property may also need transfer of development rights to acquire additional development allowances. Local governments or planning authorities may require or encourage transfer of development rights to preserve open spaces, protect historic properties, or manage growth in a specific area.

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What is transfer of development rights?

Transfer of development rights (TDR) is a land use regulation tool that enables property owners to transfer development potential from one parcel of land to another to control and promote land conservation and urban development.

Who is required to file transfer of development rights?

Property owners who wish to transfer their development rights must file for transfer of development rights, as well as developers who are acquiring those rights for future development.

How to fill out transfer of development rights?

Filing transfer of development rights typically involves completing a designated application form provided by the local planning authority, including information about both the sending and receiving parcels, and paying associated fees.

What is the purpose of transfer of development rights?

The purpose of transfer of development rights is to allow for the preservation of certain lands (such as rural or environmentally sensitive areas) while directing urban development to designated areas, thereby optimizing land use.

What information must be reported on transfer of development rights?

Required information generally includes property details for both the sending and receiving sites, the amount of development rights being transferred, and any relevant zoning designations.

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