Scarborough, Maine

Scarborough, Maine, population 19,524 (2014) uses TDR to preserve natural areas, open space, farmland, forests and potential recreational areas. Section VIID of the town code enables residential density that could be located in areas designated for limited growth to be applied to developments in a designated growth district. ln addition to a traditional TDR program, the town offers a development transfer fee option.

Section VIIE of the Zoning Ordinance establishes that one dwelling unit credit allows one additional dwelling unit in a receiving area. Section VIIF specifies that the fee must be applied proportionately to every unit in a receiving site development and that the development transfer fee must be paid prior to the issuance of a building permit for each dwelling unit or residential lot. This provision allows receiving site projects to generate funding for conservation as soon as construction begins. The fee amounts are specified in the town’s Schedule of License, Permit and Application Fees (Chapter 311). As of October 2020, the fee for one dwelling unit credit was $20,000. 

Section VIIG requires the town to spend the fees on acquiring land or perpetual conservation easements from areas designated for low density that are then permanently restricted for conservation, open space, farming, forestry or recreation. 

Section VIIH establishes the traditional TDR option. It requires sending sites to be at least 10 acres in size and capable of generating at least one dwelling unit credit. The number of credits available for transfer is the number of dwelling units allowed on the sending site using the space and bulk regulations of the applicable zoning district. 

Section I requires the town Conservation Commission to maintain a registry of owners interested in transferring their development rights.