Transfer of Development Rights: Executive Summary

In order to further implement its primary goal of preserving agricultural lands and directing growth to suitable areas around the Towns, the County's Comprehensive Plan recommends that the County consider the adoption of a Transfer of Development Rights (TDR) program.  The Comprehensive Plan states that a TDR program should be considered "when new sewers and roads are programmed for water service areas."

In the spring of 2002, the County Commissioners appointed a Citizen Oversight to work with and provide guidance to the staff of the Office of Planning & Zoning and its consultant in the preparation of a TDR report that establishes the foundation of a TDR program for Cecil County and that also identifies important implementation issues that must be addressed for a successful TDR program.

The Oversight Committee evaluated the various components of a TDR program as well as specific case studies of other TDR programs throughout the Country.  In consideration of the needs of the County, the Oversight Committee established the fundamental elements of a TDR program.

Having established the foundation of a TDR program suitable for Cecil County, the Oversight committee then sought to address the more specific elements of the program relative to sending area and receiving area criteria as well as the appropriate ratio of sending to receiving area. The Oversight Committee opted for an incentive based TDR program that calls for properties zoned NAR and SAR to act as sending areas provided they meet certain minimum criteria, and that properties zoned SR and DR act as receiving areas provided they meet certain minimum criteria.

Perhaps the most important issues considered by the Oversight Committee were those related to the implementation of a successful TDR program for Cecil County.  Specifically, a successful program must be based on adequate water and sewer facilities in the receiving areas to accept not only the base density but the additional density transferred from the sending areas.  Such water and sewer availability is often provided by the Towns, and the developments utilizing the facilities are subject to annexation.  This report recommends that the County and the Towns begin a dialogue on the benefits of a TDR program to the Towns and County as a whole.

In addition, it was the consensus of the Oversight Committee that the regulations related to adequate public facilities and the development standards be strengthened in the receiving areas to assure that any higher densities achieved through the transfer of development rights does not have a negative impact on the surrounding community.

In summary, a TDR program for Cecil County would be of assistance in implementing the Comprehensive Plan  by providing another agricultural preservation tool to willing landowners.  It was the consensus of the Oversight Committee that the County must take certain actions to assure the success of the TDR program.  Prior to codification of any TDR program, the County must address the important issue of inter-jurisdictional cooperation to establish the necessary water and sewer infrastructure, adequate public facilities and development standards in the receiving areas.  The County should also undertake a TDR public education program so that when the above issues are adequately addressed, codification of the actual program would be more effective due to heightened public awareness.