Title 36, Chapter 66A, Section 1
( 36-66A-1)
As used in this chapter, the term: (1) "Development rights" means the maximum development that would
be allowed on the sending property under any general or specific
plan and local zoning ordinance of a municipality or county in
effect on the date the municipality or county adopts an ordinance
pursuant to this chapter. Development rights may be calculated and
allocated in accordance with factors including dwelling units,
area, floor area, floor area ration, height limitations, traffic
generation, or any other criteria that will quantify a value for
the development rights in a manner that will carry out the
objectives of this Code section. (2) "Person" means any natural person, corporation, partnership,
trust, foundation, nonprofit agency, or other legal entity. (3) "Receiving area" means an area identified by an ordinance as
an area authorized to receive development rights transferred from
a sending area. (4) "Receiving property" means a lot or parcel within which
development rights are increased pursuant to a transfer of
development rights. Receiving property shall be appropriate and
suitable for development and shall be sufficient to accommodate
the transferable development rights of the sending property
without substantial adverse environmental, economic, or social
impact to the receiving property or to neighboring property. (5) "Sending area" means an area identified by an ordinance as an
area from which development rights are authorized to be
transferred to a receiving area. (6) "Sending property" means a lot or parcel with special
characteristics, including farm land; woodland; desert land;
mountain land; a flood plain; natural habitats; recreation areas
or parkland, including golf course areas; or land that has unique
aesthetic, architectural, or historic value that a municipality or
county desires to protect from future development. (7) "Transfer of development rights" means the process by which
development rights from a sending property are affixed to one or
more receiving properties. |