Senator Johnson proposes the following amendment (SJ-288.PB0004S):
Amend the bill, as and if amended, SECTION 1, by striking Section 6-29-725(B), (C), and (D) and inserting:
(B) A local governing authority may provide, by ordinance, for the voluntary transfer of the development rights permitted on one parcel of land, known as the sending property, to another parcel of land, known as the receiving property. that The transfer restricts or prohibits further development of the sending property and increases the density or intensity of development of the receiving property.(C) Prior to enacting an ordinance, the local governing authority must conform any proposal to the county and municipal comprehensive plans prepared in compliance with Section 6-29-510 and the provisions of Title 27, Chapter 8 concerning conservation easements. The local governing authority shall consider any plans, zoning, or recommendations from adjacent or neighboring counties, municipalities, and regions that may be impacted by an ordinance to transfer development rights.
(D) The ordinance must:
(1) designate and show on the zoning map sending areas from which development rights may be transferred and receiving areas to which such rights may be transferred and used for development. These zones may be designated by a local governing authority as a special use district or as overlaying other zoning districts;
(2) assure that the receiving areas overlay a higher intensity zoning district than that of the sending areas;
(3) assure that the prohibitions against the use and development of the sending property shall bind the landowner and every successor in interest to the landowner;
(3)(4) provide for the severance of transferable development rights from the sending property and the immediate or delayed transfer of development rights to a receiving property;
(4)(5) enable the purchase, sale, exchange, or other conveyance of transferable development rights prior to the rights being affixed to a receiving property;
(5)(6) assure the right of a municipality or county to purchase development rights and to hold them for conservation purposes or resale;
(6)(7) assure the right of a person to purchase development rights and to hold them for conservation purposes; and
(7)(8) include such other provisions as the local governing body deems necessary to aid in the implementation of this section.
(D) (E) Two By complying with the requirements of subsections (C) and (D), two or more local governing authorities may enter into intergovernmental agreements for the purpose of enacting interdependent ordinances providing for the transfer of development rights between or among jurisdictions, provided that the agreement otherwise complies with this section and any other applicable laws. Any ordinance enacted pursuant to this subsection may provide for additional notice and hearing and signage requirements applicable to properties within the sending and receiving areas in each participating political subdivision.
Renumber sections to conform.
Amend title to conform.