Township of Rockaway DRAFT Highlands Element for Municipal ...

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DRAFT Highlands Element to the Rockaway Township Master Plan November 2010 DEVELOPMENT TRANSFER PLAN The MLUL provides for inclusion of a Development Transfer Plan Element setting forth the public purposes, the locations of sending and receiving zones and the technical details of a development transfer program. It is the intent of the Planning Board to investigate and consider the opportunity to fully develop and adopt such an Element, in accordance with the information and goals and objectives listed below. Transfer of Development Rights (TDR) is a land use tool that permits the transfer of development potential from areas identified for preservation, called sending zones, to areas that are appropriate to accommodate increased growth, called receiving zones. Landowners in the sending zones receive compensation for the transferable development potential of their property once it has been restricted for preservation. Payment is provided through purchasers who buy credits representing the transferred development potential of parcels in the sending zones. The credits entitle the purchaser to build in a receiving zone at a density or intensity greater than that permitted under existing zoning. The TDR program, if opted into, must be established and administered in accordance with the requirements set forth in the Highlands Regional Master Plan. A TDR program involving lands located within the Township Highlands Area will require approval from the Highlands Council. The Highlands Council has established “Highlands Development Credits” (HDCs) representative of the transferable development rights, and a Highlands Development Credit Bank through which such credits may be bought and sold. The municipality may seek technical assistance from the Highlands Council regarding TDR requirements, along with grant funding to explore the feasibility of establishing a TDR receiving zone. Under the Highlands TDR Program, the municipality may limit the use of HDCs to intra-municipal transfers in designated Receiving Zones, if approved by the Highlands Council. The following goals and objectives will apply to the municipal TDR program if developed or expanded to affect lands located within the Township Highlands Area: 1. To use transferable development rights to guide growth and development away from ecologically sensitive and/or agriculturally important lands and towards lands which have the capacity to support additional human development without compromising the ecological integrity of the Highlands Area. 2. To use TDR to maximize the preservation of Preservation Area properties outside of the Existing Community Zone or a Highlands Redevelopment Area, with emphasis on properties with the highest Conservation Priority scores. 3. To recognize and consider Highlands Council designation of all lands within the Preservation Area, except those in the Existing Community Zone and any approved Highlands Redevelopment Area, as eligible to serve as Sending Zones in accordance with the Highlands TDR Program. - 56 -
DRAFT Highlands Element to the Rockaway Township Master Plan November 2010 4. To recognize and consider Highlands Council designation of all lands within the Planning Area, except those in the Existing Community Zone or within any approved Highlands Redevelopment Area, as eligible to serve as Sending Zones in accordance with the Highlands TDR Program. 5. To exclude lands located within the Existing Community Zone or within any approved Highlands Redevelopment Area from consideration for allocation of HDCs in accordance with Highlands Council prohibitions. 6. To incorporate information provided by the Highlands Council concerning the allocation of HDCs to individual Sending Zone parcels, which will vary according to location within the Highlands Region, comparative development potential, and whether a Sending Zone landowner chooses to exercise an applicable Highlands Act exemption. 7. To designate upon Highlands Council approval, where appropriate and in keeping with municipal development objectives, lands located within the Existing Community Zone or Highlands Redevelopment Areas as Receiving Zones. - 57 -
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Township of Rockaway DRAFT Highlands Element for Municipal ...

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