PLEASE NOTE: Individual town ordinances, listed under a topic
heading, are cited because of their currency, innovation, or
relevance to sparsely (or densely) populated communities.  OSP does
not recommend the use of any specific ordinance as a model. 
Municipalities are encouraged to seek advice from legal counsel
before adopting any ordinance or regulation.

Town of Lee Zoning Ordinance, 1994

Article XII  Transfer of Development Rights

A.  Purpose

The purpose of this article is to encourage the preservation of
farmland, open space, forest, watershed and other significant
natural resources as well as retain the rural character of the Town
for generations to come.

B.  Process

The development rights of a parcel of land to be preserved can be
transferred to a contiguous parcel of land which is to be
developed.  The density of the land to be developed may increase,
taking into consideration the net developable area of the parcels
under consideration, in exchange for a Conservation Easement or
similar permanent restriction of the land to be preserved.

C.  Conditions

The transfer of development rights from the land to be preserved is
on the condition that at the time of submission of an application
under this ordinance said land is under private ownership and the
development rights have not been previously transferred.

With the exception of density, the land to be developed under this
article must meet all other criteria of the Lee ordinances and all
other applicable agencies.

The density of the developed parcel may not be greater than that
which would be permitted considering the total developable land
area of the parcels.

The Planning Board shall have the right to determine a case on
individual merits taking into consideration the specific natural
characteristics and resource value of the land to be preserved or
developed.