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A TDR Program separates the amount of development allowed on a parcel (typically measured in dwelling units) from the title of the property for the purpose of selling the development rights for use on another parcel. The development rights are removed from one property (known as the sending property) and used to increase the amount of development on another property (known as the receiving property).
Such a transfer typically involves the relocation of development from an area undesirable for development (e.g., sensitive resource areas or agricultural lands) to an area suited for development (e.g., within a town).
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The Land Development Regulations (LDR) are one of the tools to implement the Comprehensive Plan. The LDR contains more specific standards for how development can happen in specific areas, or zoning districts. These standards regulate more specifically how an individual lot can be developed including: allowable uses, building heights, fire safety, number of parking spaces, landscaping, signs, and other variables of site design.
The updated Comprehensive Plan serves as a sound basis for subsequently updating the LDRs and for addressing other non-regulatory strategies for implementation. As of summer 2017, Town and County Planning Departments have carried out a number of updates to the LDRs that reflect the vision of the Comprehensive Plan.
The Comprehensive Plan is an avenue for describing necessary updates to the LDR - regulatory strategies. It also can be the basis for addressing future programs, partnerships, funding mechanisms, and other such non-regulatory strategies.
The LDR is the set of regulations that govern development, zoning, and subdivision for the Town of Jackson and Teton County. They address zoning district regulations, natural, scenic resources, development standards, platting and land records and other development issues. They are not the same as the Comprehensive Plan, which is a policy document.
Each parcel in the county has the potential for some level of development, which is typically measured in residential dwelling units or commercial floor area, based on a zoning classification. The amount of development allowed on a parcel of land is commonly called a “development right”, and can be bought, sold, or transferred from a parcel.
Under a PDR Program, a landowner voluntarily sells his or her rights to develop a parcel of land to a public agency or a charitable organization, such as a land trust. Unlike a TDR program where rights are transferred (see above), a PDR program is intended to reduce the overall amount of development by “extinguishing” development rights. Land trusts in Teton County have been very active in securing conservation easements with private land owners through purchase of development rights.
A deed restriction is a legal document filed in the County’s official property records, placing restrictions on the use or sale of a property. A common deed restriction used in Teton County sets limitations on appreciation of affordable/workforce housing for the purpose of keeping the housing affordable in future sales.
Town-level density is that which would develop as town-like neighborhoods with paved streets, municipal water and sewer, and a full range of other public support services and infrastructure. The town has various levels of density that include single-family lots and multi-family units.