Developments of Regional Impact Through Transferable Development Rights by John Theilacker

Click the podcast to hear John's entire presentation and view his corresponding slide show

John Theilacker, Associate Director for the Brandywine Conservancy Environmental Management Center, gave a presentation on how TDR, or Transfer Development Rights, can be a "win-win” situation on the local and multi-municipal levels through the creative use of zoning. The use of TDRs can preserve greenspace and direct development to the desired places. According to John, conventional zoning often leads to sprawl. By using TDR, landowners from one area sell their development rights to landowners or developers from another area. Therefore, John explained, 'the land from which the development rights are sold is permanently protected while land where the sold development rights are applied is enhanced in development value.' In Pennsylvania, TDR is authorized by the Municipalities Planning Code. There are a few municipalities in the state that have TDR programs, but only one in Allegheny County.

John noted that TDRs are 'established by local ordinance but, ultimately, are a market-driven tool.' They only work when buyers want what can be built with TDRs, when landowners want to sell TDRs, and when developers want to buy TDRs and transfer them. John showed some examples of TDRs from across the state, such as those in West Hempfield and Warwick Townships in Lancaster County where farmland has been preserved. John gave some tips on implmenting TDRs for more than one municipality, and explained that extra density can be acheived through some TDR Ordinances. Finally, he said that TDR is not a new tool, and has significant potential for developments of regional impact.

Click to view the 2008 Road to Excellence Conference Handout Booklet