HOUSE BILL No. 5869 May 19, 1998, Introduced by Reps. Bobier and Wetters and referred to the Committee on Agriculture. A bill to amend 1943 PA 183, entitled "County zoning act," by amending the title and sections 31, 32, 33, 39, and 40 (MCL 125.231, 125.232, 125.233, 125.239, and 125.240), the title and sections 31 and 32 as amended and sections 33, 39, and 40 as added by 1996 PA 569, and by adding section 32a. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 TITLE 2 An act to provide for the establishment in portions of coun- 3 ties lying outside the limits of incorporated cities and villages 4 of zoning districts within which the proper use of land and natu- 5 ral resources may be encouraged or regulated by ordinance, and 6 for which districts provisions may also be adopted designating 7 the location of, the size of, the uses that may be made of, the 8 minimum open spaces, sanitary, safety, and protective measures 01341'97 TMV 2 1 that are required for, and the maximum number of families that 2 may be housed in dwellings, buildings, and structures that are 3 erected or altered; to designate the use of certain state 4 licensed residential facilities; to provide for a method for the 5 adoption of ordinances and amendments to ordinances; to provide 6 for emergency interim ordinances; to provide by ordinance for the 7 acquisition by purchase, condemnation, or otherwise, of property 8 that does not conform to the requirements of the zoning districts 9 so provided; to provide for the administering of ordinances 10 adopted; to provide for conflicts with other acts, ordinances, or 11 regulations; to provide sanctions for violations; to provide for 12 the assessment, levy, and collection of taxes; to provide for 13 referenda; to provide for appeals; to authorize the purchase AND 14 TRANSFER of development rights; to authorize the issuance of 15 bonds and notes; and to provide for special assessments. 16 Sec. 31. (1) The county board of commissioners of a county 17 may adopt a development rights ordinance limited to the estab- 18 lishment, financing, and administration of a PDR program OR TDR 19 PROGRAM, OR BOTH, as provided under this section and sections 32 20andTO 33.TheA PDR program OR TDR PROGRAM may be used only 21 to protect agricultural land and other eligible land. This sec- 22 tion and sections 32andTO 33 do not expand the condemnation 23 authority of a county as otherwise provided for in this act. A 24 PDR program shall not acquire development rights by 25 condemnation. This section and sections 32andTO 33 do not 26 limit any authority that may otherwise be provided by law for a 01341'97 3 1 county to protect natural resources, preserve open space, provide 2 for historic preservation, or accomplish similar purposes. 3 (2) A county shall not establish, finance, or administer a 4 PDR program OR TDR PROGRAM unless the county board of commission- 5 ers adopts a development rights ordinance. If the county has a 6 zoning ordinance, the development rights ordinance may be adopted 7 as part of the zoning ordinance pursuant to the procedures gov- 8 erning adoption of a zoning ordinance set forth in this act. 9 Whether or not the county has a zoning ordinance, the development 10 rights ordinance may be adopted as a separate ordinance pursuant 11 to the procedures governing ordinance adoption in general. 12 (3) A county board of commissioners may promote and enter 13 into agreements between counties, cities, villages, and townships 14 for the purchase AND TRANSFER of development rights, including 15 cross-jurisdictional purchase AND TRANSFER, subject to applicable 16 development rights ordinances of counties and similar ordinances 17 of cities, villages, and townships. 18 Sec. 32. (1) A development rights ordinanceshallMAY 19 provide for a PDR program. Under a PDR program, the county 20purchasesMAY PURCHASE development rights, but only from a 21willinglandowner WHO IS A WILLING SELLER. A development 22 rights ordinance providing for a PDR program shall specify all of 23 the following: 24 (a) The public benefits that the county may seek through the 25 purchase of development rights. 26 (b) The procedure by which the county or a landowner may by 27 application initiate a purchase of development rights, which 01341'97 4 1 shall include city, village, or township approval if required 2 under subsection (5). 3 (c) The development rights authorized to be purchased 4 subject to a determination under standards and procedures 5 required by subdivision (d). 6 (d) The standards and procedure to be followed by the county 7 board of commissioners for approving, modifying, or rejecting an 8 application to purchase development rights including the determi- 9 nation of all of the following: 10 (i) Whether to purchase development rights. 11 (ii) Which development rights to purchase. 12 (iii) The intensity of development permitted after the pur- 13 chase on the land from which the development rights are 14 purchased. 15 (iv) The price at which development rights will be purchased 16 and the method of payment. 17 (v) The procedure for ensuring that the purchase or sale of 18 development rights is legally fixed so as to run with the land. 19 (e) The circumstances under which an owner of land from 20 which development rights have been purchased under a PDR program 21 may repurchase those development rights and how the proceeds of 22 the purchase are to be used by the county. 23 (2) If the county has a zoning ordinance, the purchase of 24 development rights shall be consistent with the plan referred to 25 in section 3 upon which the zoning ordinance is based. 26 (3) Development rights acquired under a PDR program may be 27 conveyed only as provided pursuant to subsection (1)(e). 01341'97 5 1 (4) The county shall notify each city, village, or township 2 in which is located land from which development rights are pro- 3 posed to be purchased of the receipt of an application for the 4 purchase of development rights and shall notify each such city, 5 village, or township of the disposition of that application. 6 (5) The county shall not purchase development rights under a 7 development rights ordinance from land subject to a city, vil- 8 lage, or township zoning ordinance unless all of the following 9 requirements are met: 10 (a) The development rights ordinance provisions for the PDR 11 program are consistent with the plan upon which the city, vil- 12 lage, or township zoning is based. 13 (b) The legislative body of the city, village, or township 14 adopts a resolution authorizing the PDR program to apply in the 15 city, village, or township. 16 (c) As part of the application procedure for the specific 17 proposed purchase of development rights, the city, village, or 18 township provides the county with written approval of the 19 purchase. 20 SEC. 32A. (1) A DEVELOPMENT RIGHTS ORDINANCE MAY PROVIDE 21 FOR A TDR PROGRAM. UNDER A TDR PROGRAM, ONLY A WILLING 22 LANDOWNER'S DEVELOPMENT RIGHTS MAY BE TRANSFERRED. A DEVELOPMENT 23 RIGHTS ORDINANCE PROVIDING FOR A TDR PROGRAM SHALL SPECIFY ALL OF 24 THE FOLLOWING: 25 (A) THE PUBLIC BENEFITS THAT THE COUNTY MAY SEEK THROUGH THE 26 TRANSFER OF DEVELOPMENT RIGHTS, AND THE DEVELOPMENT RIGHTS 27 AUTHORIZED TO BE TRANSFERRED. 01341'97 6 1 (B) THE PROCEDURES TO BE FOLLOWED BY THE COUNTY BOARD OF 2 COMMISSIONERS FOR ESTABLISHING THE PRECISE LOCATION OF EACH SEND- 3 ING ZONE AND RECEIVING ZONE AND LIMITING THE DEVELOPMENT RIGHTS 4 THAT MAY BE TRANSFERRED TO EACH RECEIVING ZONE. THOSE PROCEDURES 5 SHALL ENSURE, BUT NEED NOT BE LIMITED TO, ALL OF THE FOLLOWING: 6 (i) CONSIDERATION OF AN ESTIMATE OF POPULATION AND ECONOMIC 7 GROWTH DURING THE NEXT 10 YEARS IN THE COUNTY AND AN ESTIMATE OF 8 THE DEVELOPMENT POTENTIAL OF EACH PROPOSED SENDING ZONE AND 9 RECEIVING ZONE. 10 (ii) IF THE COUNTY HAS A ZONING ORDINANCE, CONSISTENCY WITH 11 THE PLAN REFERRED TO IN SECTION 3 UPON WHICH THE ZONING ORDINANCE 12 IS BASED. 13 (iii) CONSIDERATION OF AN ESTIMATE OF THE EXISTING AND PRO- 14 POSED INFRASTRUCTURE, INCLUDING SERVICES AND FACILITIES, OF EACH 15 PROPOSED RECEIVING ZONE. 16 (iv) THAT A RECEIVING ZONE BE ABLE TO ACCOMMODATE, IN TERMS 17 OF BOTH CAPACITY AND AVAILABILITY, THE INTENSITY OF DEVELOPMENT 18 ASSOCIATED WITH DEVELOPMENT RIGHTS THAT MAY BE TRANSFERRED FROM A 19 SENDING ZONE. 20 (v) AVOIDANCE OF UNDUE BURDEN UPON THE PEOPLE AND LAND 21 WITHIN THE RECEIVING ZONE. 22 (vi) CONSISTENCY WITH THE PURPOSES OF THIS SECTION AND WITH 23 THIS ACT. 24 (vii) IF ALL OR PART OF A SENDING ZONE OR RECEIVING ZONE IS 25 PROPOSED TO BE LOCATED IN AN AREA OF A TOWNSHIP THAT IS NOT 26 SUBJECT TO A TOWNSHIP OR VILLAGE ZONING ORDINANCE, WRITTEN NOTICE 01341'97 7 1 TO THE TOWNSHIP BOARD AND AN OPPORTUNITY FOR COMMENT BY THE 2 TOWNSHIP. 3 (viii) CONSIDERATION OF THE INTENSITY OF DEVELOPMENT OTHER- 4 WISE ALLOWED UNDER APPLICABLE ZONING, BUILDING, AND OTHER ORDI- 5 NANCES BEFORE THE ADOPTION OF TDR PROGRAM PROVISIONS IN A DEVEL- 6 OPMENT RIGHTS ORDINANCE. 7 (C) THE PROCEDURE FOR A TRANSFER OF DEVELOPMENT RIGHTS, 8 INCLUDING THE PROCEDURE BY WHICH THE COUNTY OR A PROPERTY OWNER 9 MAY BY APPLICATION INITIATE A TRANSFER OF DEVELOPMENT RIGHTS. 10 EXCEPT AS PROVIDED IN SUBDIVISION (E) AND SUBSECTION (3)(B), AN 11 APPLICATION TO TRANSFER DEVELOPMENT RIGHTS SHALL INCLUDE, BUT 12 NEED NOT BE LIMITED TO, THE IDENTITY OF THE LAND WITHIN A SENDING 13 ZONE FROM WHICH THE DEVELOPMENT RIGHTS ARE PROPOSED TO BE SEVERED 14 AND THE IDENTITY OF THE LAND WITHIN A RECEIVING ZONE TO WHICH THE 15 DEVELOPMENT RIGHTS ARE PROPOSED TO BE ATTACHED. 16 (D) THE STANDARDS AND PROCEDURE TO BE FOLLOWED BY THE COUNTY 17 BOARD OF COMMISSIONERS FOR APPROVING, MODIFYING, OR REJECTING AN 18 APPLICATION TO TRANSFER DEVELOPMENT RIGHTS, INCLUDING THE DETER- 19 MINATION OF ALL OF THE FOLLOWING: 20 (i) WHETHER TO TRANSFER DEVELOPMENT RIGHTS. 21 (ii) WHICH DEVELOPMENT RIGHTS TO TRANSFER. 22 (iii) THE INTENSITY OF DEVELOPMENT PERMITTED AFTER THE 23 TRANSFER ON THE LAND FROM WHICH THE DEVELOPMENT RIGHTS ARE 24 SEVERED AND THE INTENSITY OF DEVELOPMENT PERMITTED AFTER THE 25 TRANSFER ON THE LAND TO WHICH THE DEVELOPMENT RIGHTS ARE 26 ATTACHED. 01341'97 8 1 (iv) THE PROCEDURE FOR ENSURING THAT THE SEVERANCE OF 2 DEVELOPMENT RIGHTS FROM LAND IN A SENDING ZONE AND THE ATTACHMENT 3 OF THOSE DEVELOPMENT RIGHTS TO LAND IN A RECEIVING ZONE ARE 4 LEGALLY FIXED SO AS TO RUN WITH THE LAND FROM WHICH THE DEVELOP- 5 MENT RIGHTS HAVE BEEN SEVERED AND TO WHICH THE DEVELOPMENT RIGHTS 6 HAVE ATTACHED. 7 (E) THE CIRCUMSTANCES UNDER WHICH A LANDOWNER FROM WHOM 8 DEVELOPMENT RIGHTS HAVE BEEN ACQUIRED UNDER A TDR PROGRAM MAY 9 REPURCHASE THOSE DEVELOPMENT RIGHTS. 10 (2) THE INTENSITY OF DEVELOPMENT ALLOWED IN A RECEIVING ZONE 11 IF DEVELOPMENT RIGHTS ARE TRANSFERRED SHALL BE GREATER THAN THE 12 INTENSITY OF DEVELOPMENT THAT WAS ALLOWED IN THAT AREA OF LAND 13 UNDER ANY APPLICABLE ZONING ORDINANCE 1 YEAR BEFORE THE DEVELOP- 14 MENT RIGHTS ORDINANCE'S TDR PROGRAM PROVISIONS WERE ADOPTED. THE 15 INTENSITY OF DEVELOPMENT ALLOWED IN A RECEIVING ZONE IF DEVELOP- 16 MENT RIGHTS ARE NOT TRANSFERRED SHALL NOT BE LESS THAN THE INTEN- 17 SITY OF DEVELOPMENT THAT WAS ALLOWED IN THAT AREA OF LAND UNDER 18 THE APPLICABLE ZONING ORDINANCE 1 YEAR BEFORE THE DEVELOPMENT 19 RIGHTS ORDINANCE'S TDR PROGRAM PROVISIONS WERE ADOPTED. 20 (3) A COUNTY WITH A TDR PROGRAM MAY DO 1 OR BOTH OF THE 21 FOLLOWING: 22 (A) FACILITATE TRANSFERS OF DEVELOPMENT RIGHTS DIRECTLY 23 BETWEEN WILLING LANDOWNERS AT THE PRICE AGREED UPON BY THE WILL- 24 ING LANDOWNERS. 25 (B) PURCHASE DEVELOPMENT RIGHTS IN A SENDING ZONE FROM A 26 LANDOWNER WHO IS A WILLING SELLER, TEMPORARILY HOLD THE 27 DEVELOPMENT RIGHTS, AND SELL THE DEVELOPMENT RIGHTS TO A 01341'97 9 1 PURCHASER FOR ATTACHMENT TO LAND IN A RECEIVING ZONE. THE 2 PURCHASE AND SALE OF DEVELOPMENT RIGHTS SHALL BE AT FAIR MARKET 3 VALUE, BASED UPON A BONA FIDE APPRAISAL. 4 (4) EXCEPT AS PROVIDED PURSUANT TO SUBSECTION (1)(E), DEVEL- 5 OPMENT RIGHTS ACQUIRED UNDER A TDR PROGRAM MAY BE SOLD ONLY TO A 6 LANDOWNER IN A RECEIVING ZONE FOR ATTACHMENT TO LAND IN A RECEIV- 7 ING ZONE. 8 (5) EXCEPT AS PROVIDED PURSUANT TO SUBSECTION (1)(E) OR 9 UNDER SUBSECTION (3)(B), DEVELOPMENT RIGHTS SHALL NOT BE SEVERED 10 UNLESS THE COUNTY HAS APPROVED THE ATTACHMENT OF THOSE DEVELOP- 11 MENT RIGHTS TO LAND IN A RECEIVING ZONE. EXCEPT FOR THE PERIOD 12 DURING WHICH DEVELOPMENT RIGHTS MAY BE TEMPORARILY HELD BY A 13 COUNTY UNDER SUBSECTION (3)(B), THE SEVERANCE OF DEVELOPMENT 14 RIGHTS FROM LAND IN A SENDING ZONE SHALL BE SIMULTANEOUS WITH THE 15 ATTACHMENT OF THOSE DEVELOPMENT RIGHTS TO LAND IN A RECEIVING 16 ZONE. 17 (6) THE COUNTY SHALL NOTIFY EACH CITY, VILLAGE, OR TOWNSHIP 18 IN WHICH IS LOCATED LAND FROM WHICH DEVELOPMENT RIGHTS ARE PRO- 19 POSED TO BE SEVERED OR TO WHICH DEVELOPMENT RIGHTS ARE PROPOSED 20 TO BE ATTACHED OF THE RECEIPT OF AN APPLICATION FOR THE TRANSFER 21 OF DEVELOPMENT RIGHTS AND SHALL NOTIFY EACH SUCH CITY, VILLAGE, 22 OR TOWNSHIP OF THE DISPOSITION OF THAT APPLICATION. 23 (7) A COUNTY SHALL NOT APPROVE THE TRANSFER OF DEVELOPMENT 24 RIGHTS FROM OR TO LAND THAT IS LOCATED IN THAT COUNTY AND THAT IS 25 SUBJECT TO A CITY, VILLAGE, OR TOWNSHIP ZONING ORDINANCE UNLESS 26 THE COUNTY AND THE CITY, VILLAGE, OR TOWNSHIP, RESPECTIVELY, HAVE 27 ENTERED INTO AN AGREEMENT UNDER SECTION 31(3). A COUNTY SHALL 01341'97 10 1 NOT APPROVE THE TRANSFER OF DEVELOPMENT RIGHTS FROM OR TO LAND 2 LOCATED OUTSIDE OF THAT COUNTY UNLESS THE COUNTY HAS ENTERED INTO 3 AN AGREEMENT UNDER SECTION 31(3). 4 (8) A LANDOWNER MAY DEVELOP LAND WITHIN A RECEIVING ZONE AT 5 THE INTENSITY OF DEVELOPMENT ALLOWED UNDER APPLICABLE ZONING, 6 BUILDING, AND OTHER ORDINANCES APART FROM THE DEVELOPMENT RIGHTS 7 ORDINANCE OR, IF DEVELOPMENT RIGHTS ARE TRANSFERRED FROM THE 8 LAND, MAY DEVELOP THE LAND AT A HIGHER INTENSITY OF DEVELOPMENT 9 AS ALLOWED UNDER THE DEVELOPMENT RIGHTS ORDINANCE. IF DEVELOP- 10 MENT RIGHTS HAVE NOT BEEN TRANSFERRED FROM LAND IN A SENDING 11 ZONE, THE LANDOWNER MAY DEVELOP THE LAND AT THE INTENSITY OF 12 DEVELOPMENT ALLOWED UNDER APPLICABLE ZONING, BUILDING, AND OTHER 13 ORDINANCES APART FROM THE DEVELOPMENT RIGHTS ORDINANCE. 14 Sec. 33. (1) A PDR program OR, EXCEPT AS PROVIDED IN SUBDI- 15 VISION (G), A TDR PROGRAM may be financed through 1 or more of 16 the following sources: 17 (a) General appropriations by the county. 18 (b) Proceeds from the sale of development rights by the 19 county subject to section 32(3) AND 32A(4). 20 (c) Grants. 21 (d) Donations. 22 (e) Bonds or notes issued under subsections (2) to (6). 23 (f) General fund revenue. 24 (g)SpecialFOR A PDR PROGRAM ONLY, SPECIAL assessments 25 under subsection (7). 26 (h) Other sources approved by the county board of 27 commissioners and permitted by law. 01341'97 11 1 (2) The county board of commissioners may borrow money and 2 issue bonds or notes under the municipal finance act,Act3No. 202 of the Public Acts of 1943, being sections 131.1 to 139.34of the Michigan Compiled Laws1943 PA 202, MCL 131.1 TO 139.3, 5 subject to the general debt limit applicable to the county. The 6 bonds or notes may be revenue bonds or notes; general obligation 7 limited tax bonds or notes; subject to section 6 of article IX of 8 the state constitution of 1963, general obligation unlimited tax 9 bonds or notes; or bonds or notes to refund in advance bonds or 10 notes issued under this section. 11 (3) The county board of commissioners may secure bonds or 12 notes issued under this section by mortgage, assignment, or 13 pledge of property including, but not limited to, anticipated tax 14 collections, revenue sharing payments, or special assessment 15 revenues. A pledge made by the county board of commissioners is 16 valid and binding from the time the pledge is made. The pledge 17 IS immediatelyshall besubject to the lien of the pledge with- 18 out a filing or further act. The lien of the pledgeshall be19 IS valid and binding as against parties having claims in tort, 20 contract, or otherwise against the county, irrespective of 21 whether the parties have notice of the lien. Filing of the reso- 22 lution, the trust agreement, or another instrument by which a 23 pledge is created is not required. 24 (4) Bonds or notes issued under this section are exempt from 25 all taxation in this state except inheritance and transfer taxes, 26 and the interest on the bonds or notes is exempt from all 01341'97 12 1 taxation in this state, notwithstanding that the interest may be 2 subject to federal income tax. 3 (5) The bonds and notes issued under this section may be 4 invested in by the state treasurer and all other public officers, 5 state agencies and political subdivisions, insurance companies, 6 banks, savings and loan associations, investment companies, and 7 fiduciaries and trustees, and may be deposited with and received 8 by the state treasurer and all other public officers and the 9 agencies and political subdivisions of this state for all pur- 10 poses for which the deposit of bonds or notes is authorized. The 11 authority granted by this section is in addition to all other 12 authority granted by law. 13 (6) The county board of commissioners may borrow money and 14 issue bonds or notes for refunding all or part of existing bond 15 or note indebtedness only if the net present value of the princi- 16 pal and interest to be paid on the refunding bonds or notes, 17 excluding the cost of issuance, will be less than the net present 18 value of the principal and interest to be paid on the bonds or 19 notes being refunded, as calculated using a method approved by 20 the department of treasury. 21 (7) A development rights ordinance may authorize the county 22 board of commissioners to finance a PDR program by special 23 assessments. In addition to meeting the requirements of 24 section 32, the development rights ordinance shall include in the 25 procedure to approve and establish a special assessment district 26 both of the following: 01341'97 13 1 (a) The requirement that there be filed with the county 2 board of commissioners a petition containing all of the 3 following: 4 (i) A description of the development rights to be purchased, 5 including a legal description of the land from which the purchase 6 is to be made. 7 (ii) A description of the proposed special assessment 8 district. 9 (iii) The signatures of the owners of at least 66% of the 10 land area in the proposed special assessment district. 11 (iv) The amount and duration of the proposed special 12 assessments. 13 (b) The requirement that the county board of commissioners 14 specify how the proposed purchase of development rights will spe- 15 cially benefit the land in the proposed special assessment 16 district. 17 Sec. 39. A township in whichanA ZONING ordinance 18 enacted under the township zoning act,Act No. 184 of the Public19Acts of 1943, being sections 125.271 to 125.310 of the Michigan20Compiled Laws1943 PA 184, MCL 125.271 TO 125.310, is in effect 21 is not subject, unless otherwise provided in this act, to ZONING 22 PROVISIONS OF an ordinance, rule, or regulation adopted under 23 this act. 24 Sec. 40. (1) As used in this act: 25 (a) "Agricultural land" means substantially undeveloped land 26 devoted to the production of plants and animals useful to humans, 27 including forage and sod crops; grains, feed crops, and field 01341'97 14 1 crops; dairy and dairy products; poultry and poultry products; 2 livestock, including breeding and grazing of cattle, swine, and 3 similar animals; berries; herbs; flowers; seeds; grasses; nursery 4 stock; fruits; vegetables; Christmas trees; and other similar 5 uses and activities. 6 (b) "Development rights" means the rights to develop land to 7 the maximum intensity of development authorized by law. 8 (c) "Development rights ordinance" means an ordinance, which 9 may comprise part of a zoning ordinance, adopted under 10 section 31. 11 (d) "Intensity of development" means the height, bulk, area, 12 density, setback, use, and other similar characteristics of 13 development. 14 (e) "Other eligible land" means land that has a common prop- 15 erty line with agricultural land from which development rights 16 have been purchased OR TRANSFERRED and that is not divided from 17 that agricultural land by a state or federal limited access 18 highway. 19 (f) "PDR program" means a program under section 32 for the 20 purchase of development rights by a county. 21 (G) "RECEIVING ZONE" MEANS AN AREA OF LAND IDENTIFIED PURSU- 22 ANT TO A DEVELOPMENT RIGHTS ORDINANCE WHERE DEVELOPMENT COULD BE 23 MORE INTENSE THAN PERMITTED BY THE DEVELOPMENT RIGHTS ATTACHED TO 24 THAT LAND WITHOUT ADVERSELY AFFECTING PUBLIC HEALTH, SAFETY, OR 25 WELFARE, AND TO WHICH DEVELOPMENT RIGHTS CAN BE TRANSFERRED FROM 26 A SENDING ZONE. 01341'97 15 1 (H) "SENDING ZONE" MEANS AN AREA OF LAND IDENTIFIED PURSUANT 2 TO A DEVELOPMENT RIGHTS ORDINANCE WHERE DEVELOPMENT SHOULD BE 3 LESS INTENSE THAN PERMITTED BY THE DEVELOPMENT RIGHTS ATTACHED TO 4 THAT LAND TO ACHIEVE A PUBLIC BENEFIT SET FORTH IN THE DEVELOP- 5 MENT RIGHTS ORDINANCE AND FROM WHICH DEVELOPMENT RIGHTS CAN BE 6 TRANSFERRED TO A RECEIVING ZONE. 7 (I) "TDR PROGRAM" MEANS A PROGRAM UNDER SECTION 32A FOR THE 8 TRANSFER OF DEVELOPMENT RIGHTS BY SEVERING DEVELOPMENT RIGHTS 9 FROM CERTAIN LAND AND ATTACHING THOSE DEVELOPMENT RIGHTS TO OTHER 10 LAND. 11 (2) This act shall be known and may be cited as the "county 12 zoning act". 01341'97 Final page. TMV