PROMOTING COLLABORATION AND INNOVATION
in PUBLIC HUMANITIES

Posts by Leonard Bussanich

Transferable Development Rights (TDR) as a source of funding for Historic and Environmental Protection

One of my earlier blogs discussed the challenges of funding regarding environmental protection and historic preservation.  At a time when budget-cutting and austerity measures are having a profound impact on the ability of state and local governments to set aside funds beyond essential services, along with diminishing individual donations to non-profits, the issue of funding is more important than ever.  With inadequate financing how can communities and non-profits achieve their desired goals of protecting both open space and vital historic resources?

One measure these entities may consider is a very creative model called Transferable Development Rights, better known by the acronym TDR.  This post will examine the history of TDRs, followed by several examples highlighting how communities have implemented it and finally, how it could be used for historic preservation.  With the imminent announcement of New Jersey’s Ten Most Endangered Places scheduled for Wednesday, May 22 on the front steps of the State House in Trenton, a program like the TDR could prove to be invaluable.

TDR is a land use regulation method which can potentially ensure that open space and historic preservation requirements can be met without causing financial hardship to landowners or impeding local development.  More efficient and cost-effective than conventional zoning laws, TDR’s can help to reduce potential lawsuits regarding preservation efforts; minimizes the use of shrinking municipal funds for preservation; and still allows municipalities to increase its tax base without imperiling its preservation goals.

TDR was first introduced in New York City in 1916, allowing landowners to sell their unused air rights to adjacent property owners who had far-reaching and grandiose plans.  This early implementation essentially paved the way for the dominant skyscraper landscape we see today.  More recently, TDR works mainly by transferring all or part of the density potential of one tract of land (known as the sending site) to a separate parcel, or even to a parcel owned by someone else (referred to as the receiving site).  The development rights then become a separate article of property, which can be sold to a property owner whose land is better suited for development in greater densities.  Once the rights are sold, the landowner still retains the title and other rights to his/her land.  These other rights allow for more farming, forestry and recreational purposes.

Several examples in New York will help illustrate how utilizing TDR programs can have significant economic, environmental and cultural benefits to the local community.  In 2005, the Town of Clifton Park passed the Open Space Incentive Zoning provision which has the potential to include in the sending sites nature preserves, woodlands, watersheds and historic resources.  In this way, the town was able to protect these treasures since developers were compelled to build in the receiving areas that contain greater densities.

In 1993, the Pine Barrens on Long Island were protected from development by the Pine Barrens Protection Act.  Under the Act, a joint commission was created and given broad authority to oversee land-use regulations.  As a direct result of the TDR program, 1000 acres were preserved as open space for outdoor recreation.

In order to better facilitate the exchange of credits between landowners, municipalities and developers, some regions, like the Highlands in New Jersey, have established a bank to help advance the goals of protection and preservation.  With the passage of the Highlands Water Protection and Planning Act of 2004 (PDF) by the state legislature, a 15 member Highlands Council was charged with the implementation of a Master Plan.  In 2008, the Council created the Highlands Development Credit Bank (HDCB) and is currently implementing the TDR program throughout the seven counties that make up the Highlands region.  From Ringwood in the northern Highlands, once home to iron-ore production dating back to the 1760s and site of the Long Pond Ironworks, to the borough of Washington near the Delaware River, the utilization of TDRs is promoting plans to develop a thriving eco-tourism industry that encompasses historic preservation, environmental protection and organic food production.

With declining preservation funds—especially at the federal level—and the lack of permanent funding for open space acquisition at the state level—such as the Green Acres program in New Jersey—the prospect of tapping into the pecuniary benefits of a Transferable Development Rights program looms large as an indispensable tool for communities and non-profits alike.

How Best To Get The Word Out

Delaware River

The banks of the Delaware, below the battlefield grounds on which Fort Mercer once stood. Fort Mercer on the New Jersey side and Fort Mifflin on the Pennsylvania side were constructed in 1777 to defend Philadelphia during the American Revolutionary War.

Hiking regularly on the weekends, I am always impressed with how much the general public enjoys the outdoor experience.  While each individual has his or her own reasons, the benefits are universal.  There is the need to get back in touch with nature so as to spend quality time in the woods while enjoying some solitude.  Then there are the health benefits as people seek to burn calories and stay in shape.  Regardless of the goal or objective, then, it is clear that enjoying the great outdoors is enjoyed by many. Read more.

The Time is Now for a More Integrated Approach Between Environmental Protection and Historic Preservation

As an avid hiker and outdoor enthusiast, I never take for granted the opportunities that exist to get away from the grind and noise of daily life and head to the woods for some peace and serenity.  Notwithstanding its dense population and development, New Jersey has an impressive array of state parks and open space, thus offering ample opportunities for outdoor fun and recreation.  Moreover, living in northern Bergen County allows relatively easy access to the Catskills and Adirondack Mountains in upstate New York.  Thankfully, protection of open space for outdoor recreation and getting back in touch with nature has been set aside for public enjoyment in perpetuity. Read more.

The Meaning of Green: The Challenges of Funding for Environmental Protection and Historical Preservation

My last post focused on the strong connection between outdoor recreation and education in the New York/New Jersey metropolitan area.  The theme to be examined here are the ongoing efforts to preserve and maintain open space throughout the region so as to ensure that the general public continues to enjoy its environmental, recreational and educational benefits.  Just as there are an impressive number of physical sites that demonstrate the region’s historical heritage and natural beauty, there are also a significant number of non-profit organizations dedicated to preserving these critical public resources.  As with most non-profits, raising money is a constant endeavor.      Read more.

Let’s Take A Hike (And Learn Some History Along The Way!)

 

The Appalachian Trail near Fort Montgomery State Historical Park. (Photo courtesy of the author)

While the New York/New Jersey metropolitan region is well known for its overpopulation, sprawl and congestion, the region remarkably features spectacular state parks that provide outdoor enthusiasts an extensive trail network which traverses picturesque meadows, woodlands, and rugged terrain.   Several of these parks also highlight some of the country’s important historical events that contributed to the creation of the United States.  Sites such as Fort Montgomery, adjacent to Bear Mountain State Park in New York, brings history alive to the public as a comprehensive trail network meanders through the grounds of the old fort with strategically placed signage helping to explain the struggles and hardships endured by soldiers and civilians alike during the American Revolution.  The significance of such public attractions underscores the vital link that exists between the outdoor experience and valuable historical sites insofar as promoting public health and enjoyment while encouraging awareness of past events. Read more.