Opportunities for Obstruction of TDR Programs:

According to Transfer of Development Rights Plan:

1.  Pg. 13;

" This type of TDR program would require much closer, hands-on involvement by the local government or by a non-profit organization dedicated to achieving the specific transfers, rather than depending on the workings of the real estate market."

Conclusion:  Laws must be drafted to prevent non-profit, non-governmental organizations from acquiring such power over citizens.

2.  Pg. 16 ("ISSUES AFFECTING TDR FEASIBILITY IN SOUTH COUNTY" and now all of Rhode Island now that RhodeMap is approved):

" Under Rhode Island statute, overlay districts may only be used to add more restrictive requirements to the underlying zoning, and not to allow more flexibility.  Therefore, while the sending area could be restricted through the creation of an overlay district, it is probably not possible under the current statute to use an overlay district approach for receiving areas. Instead, it would be necessary to provide for an increase in density (with the acquisition of transferable development rights) through the land development project process, either by amending the existing zoning district regulations or by creating a new zoning district. (Another alternative would be to seek an amendment to the definition of “overlay district” contained in the General Laws.)"

Conclusion:  These laws must be strengthened and the definition of an "overlay district" must be clearly established.

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  • John Niewiecki