Vermont Statutes
Chapter 117 - Municipal and Regional Planning and Development
§ 4423. Transfer of development rights

§ 4423. Transfer of development rights
(a) In order to accomplish the purposes of 10 V.S.A. § 6301, bylaws may contain provisions for the transfer of development rights. The bylaws shall do all the following:
(1) Specify one or more sending areas for which development rights may be acquired.
(2) Specify one or more receiving areas in which those development rights may be used.
(3) Define the amount of the density increase allowable in receiving areas, and the quantity of development rights necessary to obtain those increases.
(4) Define “density increase” in terms of an allowable percentage decrease in lot size or increase in building bulk, lot coverage, or ratio of floor area to lot size, or any combination.
(5) Define “development rights,” which at minimum shall include a conservation easement, created by deed for a specified period of not less than 30 years, granted to the municipality under 10 V.S.A. chapter 155, limiting land uses in the sending area solely to specified purposes, but including, at a minimum, agriculture and forestry.
(b) Upon approval by the appropriate municipal panel, a zoning permit may be granted for land development based in part upon a density increase, provided there is compliance with all the following:
(1) The area subject to the application is a receiving area, and the density increase is allowed by the provisions relating to transfer of development rights.
(2) The applicant has obtained development rights from a sending area that are sufficient under the regulations for the density increase sought.
(3) The development rights are evidenced by a deed that recites that it is a conveyance under this subdivision and recites the number of acres affected in the sending area.
(4) The sending area from which development rights have been severed has been surveyed and suitably monumented.
(c) The municipality shall maintain a map of areas from which development rights have been severed. Following issuance of a zoning permit under this section, the municipality shall effect all the following:
(1) Ensure that the instruments transferring the conservation easements and the development rights are recorded.
(2) Mark the development rights map showing the area from which development rights have been severed and indicating the book and page in the land records where the easement is recorded.
(d) Failure to record an instrument or mark a map does not invalidate a transfer of development rights. Development rights transferred under this section shall be valid notwithstanding any subsequent failure to file a notice of claim under the Marketable Record Title Act. (Added 2003, No. 115 (Adj. Sess.), § 95.)

Structure Vermont Statutes

Vermont Statutes

Title 24 - Municipal and County Government

Chapter 117 - Municipal and Regional Planning and Development

§ 4301. Short title

§ 4302. Purpose; goals

§ 4303. Definitions

§ 4303a. Computation of time

§ 4304. Planning and land use manual

§ 4306. Municipal and Regional Planning Fund

§ 4307. Municipal Bylaw Modernization Grants

§ 4321. Creation of planning commissions

§ 4322. Planning commission; membership

§ 4323. Appointment, term, and vacancy; rules

§ 4324. Existing commissions

§ 4325. Powers and duties of planning commissions

§ 4326. Appropriations, reports, and records

§ 4327. Joint planning commissions

§ 4328. Terms of office inconsistent with charter provisions

§ 4341. Creation of regional planning commissions

§ 4341a. Performance grants for regional planning service

§ 4342. Regional planning commissions; membership

§ 4343. Appointment, term, and vacancy; rules

§ 4345. Optional powers and duties of regional planning commissions

§ 4345a. Duties of regional planning commissions

§ 4345b. Intermunicipal service agreements

§ 4346. Appropriations

§ 4347. Purposes of regional plan

§ 4348. Adoption and amendment of regional plan

§ 4348a. Elements of a regional plan

§ 4348b. Readoption of regional plans

§ 4349. Regional plan; adoption by municipality

§ 4350. Review and consultation regarding municipal planning effort

§ 4351. Review by Commissioner of Housing and Community Development

§ 4352. Optional determination of energy compliance; enhanced energy planning

§ 4362. Appropriations

§ 4381. Authorization

§ 4382. The plan for a municipality

§ 4384. Preparation of plan; hearings by planning commission

§ 4385. Adoption and amendment of plans; hearing by legislative body

§ 4387. Readoption of plans

§ 4401. Purpose and authority

§ 4402. Bylaws and regulatory implementation tools authorized

§ 4403. Nonregulatory implementation tools

§ 4404. State designation; implementation of municipal plan

§ 4410. Regulatory implementation of the municipal plan

§ 4411. Zoning bylaws

§ 4412. Required provisions and prohibited effects

§ 4413. Limitations on municipal bylaws

§ 4414. Zoning; permissible types of regulations

§ 4415. Interim bylaws

§ 4416. Site plan review

§ 4417. Planned unit development

§ 4418. Subdivision bylaws

§ 4419. Unified development bylaws

§ 4420. Local Act 250 review of municipal impacts

§ 4421. Official map

§ 4422. Adequate public facilities; phasing

§ 4423. Transfer of development rights

§ 4424. Shorelands; river corridor protection areas; flood or hazard area; special or freestanding bylaws

§ 4427. Persons eligible to apply for permits

§ 4430. Capital budget and program

§ 4431. Purchase or acceptance of development rights

§ 4432. Supporting plans

§ 4433. Advisory commissions and committees

§ 4440. Administration; finance

§ 4441. Preparation of bylaws and regulatory tools; amendment or repeal

§ 4442. Adoption of bylaws and related regulatory tools; amendment or repeal

§ 4443. Adoption, amendment, or repeal of capital budget and program

§ 4444. Public hearing notice for adoption, amendment, or repeal of bylaw and other regulatory tools

§ 4445. Availability and distribution of documents

§ 4446. Bylaws; effect of adoption

§ 4447. Clerk’s certificate

§ 4448. Appointment and powers of administrative officer

§ 4449. Zoning permit, certificate of occupancy, and municipal land use permit

§ 4450. Eligibility to apply for permits

§ 4451. Enforcement; penalties

§ 4452. Enforcement; remedies

§ 4453. Challenges to housing provisions in bylaws

§ 4454. Enforcement; limitations

§ 4455. Revocation

§ 4460. Appropriate municipal panels

§ 4461. Development review procedures

§ 4462. Combined review

§ 4463. Subdivision review

§ 4464. Hearing and notice requirements; decisions and conditions; administrative review; role of advisory commissions in development review

§ 4465. Appeals of decisions of the administrative officer

§ 4466. Notice of appeal

§ 4468. Hearing on appeal

§ 4469. Appeal; variances

§ 4470. Successive appeals; requests for reconsideration to an appropriate municipal panel

§ 4470a. Misrepresentation; material fact

§ 4471. Appeal to Environmental Division

§ 4472. Exclusivity of remedy; finality

§ 4473. Purpose; limitation

§ 4474. Clerk’s certificate

§ 4476. Formal review of regional planning commission decisions

§ 4480. Construction of chapter

§ 4481. Saving clause

§ 4482. Severability

§ 4483. Construction; limitation

§ 4498. Housing budget and investment reports