Draft Transfer of Development Rights Ordinance

Authorization and Purpose

A. Statutory Authorization. Pursuant to Utah Statutes Title 57 Weber County establishes a transfer of development rights program for the purpose of preserving open space, including natural and scenic areas, and productive agricultural land in Ogden Valley. The program’s policies, rules and official controls are adopted in this ordinance, hereafter known as the Ogden Valley Transfer of Development Rights (TDR) Ordinance.

B. Purpose and Intent. This Ordinance is adopted for the following purposes:

1. To establish procedures by which development rights can be granted, conveyed, applied, and recorded.

2. To implement the goals of the Ogden Valley General Plan regarding managing growth and protecting rural areas. This TDR program addresses the following specific goals as stated in the General Plan.

a. Require that development be compatible with the valley’s rural character and natural setting;
b. Promote agricultural land;
c. Recognize and respect private property rights;
d. Protect open space and sensitive lands; and
e. Preserve wildlife and important wildlife habitat.

3. To serve additional public purposes through open space protection including the efficient use of community infrastructure.

4. To benefit the community economically through efficient use of community infrastructure and community services.