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TDR
1. RULES OF PROCEDURE OF DESIGNATION OF HISTORIC LANDMARK UNDER
TRANSFER OF DEVELOPMENT RIGHTS ORDINANCE
I. PURPOSE AND INTENT
It is the purpose and intent of this Policy to register properties that contribute not only to the
historic fabric of the City of Madison (the “City”), but also to those green spaces associated
with historic properties within the City.
II. DEFINITIONS
Agrarian Landscapes (as defined in the Chapter 55, Article III, “Transferrable Development
Rights”): Landscapes which include agrarian land uses, such as row crops, prime agricultural
soils, orchards, timber, etc.
City of Madison, Georgia, Greenprint Addendum and Concept Map, 2009 (the “2009
Madison Greenprint Addendum”): Adopted by City Council on February 5, 2009, identifies
resources and areas in need of protection.
Gateways (as defined in the Chapter 55, Article III, “Transferrable Development Rights”):
Areas where transportation networks provide entrance into Madison.
Greenspace Buffers (as defined in the Chapter 55, Article III, “Transferrable Development
Rights”): Areas of open space, greenspace, and/or agrarian landscapes which soften the
impact of infrastructure and development while defining a sense of arrival into the City.
Landmark (as defined in the City of Madison, Georgia: Greenprint Addendum and Concept
Map, 2009): Properties from Madison’s Golden Age that retain significant landscapes and/or
acreage associated with their original setting and that are independently eligible for the
National Register of Historic Places.
Natural Areas/Habitat Protection (as defined in the Chapter 55, Article III, “Transferrable
Development Rights”): Relatively natural habitat of fish, wildlife, or plants, or a similar
ecosystem.
Potential Trails (as defined in the Chapter 55, Article III, “Transferrable Development
Rights”): Land areas for passive outdoor recreation by, or for, the use and education of the
general public.
Recreation (as defined in the Chapter 55, Article III, “Transferrable Development Rights”):
Generally land areas for passive, neighborhood recreation by, or for, the education of the
public.
Riparian Areas (as defined in the Chapter 55, Article III, “Transferrable Development
Rights”): Streams, rivers, wetlands, ponds, or lakes, including a 100-foot buffer on either
side of the riparian resource.
Transferrable Development Rights Program (the “TDR Program”): Adopted by City Council
on September 8 2014, providing for the transfer of development rights from one property to
another.
Registration Committee: a responsible party who are aware of the Madison Transferable
Development Rights Ordinance and the Historic Preservation Commission; as a responsible
party, they will take into consideration public comments and all interested parties.
2. III. CRITERIA FOR SELECTION OF HISTORIC LANDMARKS
The available properties for Transfer of Development Rights will be under the Historic
Landmark registration. The definitions are provided below.
a. A Historic Landmark is a building, structure, or site, including the adjacent area
necessary for the proper appreciation or use thereof, deemed worthy of
preservation by City and identified in the 2009 Madison Greenprint Addendum,
as amended, as one or more of the following:
i. An outstanding example of a building, structure, or site representative of
its era; or
ii. One of the few remaining examples of an architectural style and/or
building type; or
iii. A building, structure, or site associated with an event, activity, or person
of historic or cultural significance to the City, the State of Georgia, or the
region; or
iv. A building, structure, or site of natural, historical, archaeological, or aesthetic
interest that continues to contribute to the historic and cultural heritage of the
municipality, county, state, or region, and to the general knowledge of the
past.
b. In addition, a Historic Landmark must include one or more of the following
resources:
i. Natural areas/habitat; or
ii. Riparian areas; or
iii. Greenspace buffers; or
iv. Agrarian landscapes; or
v. Potential trails; or
vi. Gateways; or
vii. Recreation; or
viii. Intact acreage of a significant portion of the original lot, thus retaining its
historic context; or
ix. Significant historic landscape features (i.e., boxwood gardens, allées,
heritage trees, etc.).
IV. REPORTS
Twelve reports will be prepared for the Transfer of Development Rights Ordinance; the Transfer
of Development Rights Ordinance will reference the City of Madison, Georgia: Greenprint
Addendum and Concept Map, 2009 and Greenspace Buffers (as defined in the Chapter 55,
Article III, “Transferrable Development Rights”).
a. Preparation of Reports
Preparation of reports for those Historic Landmarks listed in the 2009 Madison
Greenprint Addendum shall be completed by registration committee or any
individual committee, or assigned person,
3. b. Content of Reports
They shall be completed on a form entitled “Historic Landmark Application” that
shall follow guidelines established by this Policy for the registration of properties
as Historic Landmarks for the purposes of the City’s TDR Program. The report
shall identify the address, parcel identification number, given name, etc of the
property and shall contain a narrative statement consisting of three parts: (1) a
physical description of the property; (2) a description of the historic, cultural
and/or natural significance of the property; (3) a description of the hydrology, tree
canopy, topography, agricultural land use and other green space components.
V. PUBLIC HEARING
a. Date, Time, and Place of Public Hearing
The Chairman of the Commission with the majority concurrence of the full Commission
shall establish the time, date, and place for a public hearing on proposed registration.
b. Notice of Public Hearing
Publication of Notice: Notice of the public hearing shall be published in the official
organ of Morgan County, Georgia in the same manner as public hearings for applications
for a Certificate of Appropriateness.
Notification of Owners: A written notice shall be mailed by the Commission to all
owners of properties included in the designation recommendation. All notices shall be
mailed not less than ten (10) or more than twenty (20) days prior to the date set for the
public hearing. A letter sent via the regular United States Postal Service, First Class to the
last known address of the owners of subject properties shall constitute legal notification.
Contents of Notice: The notice of the public hearing shall include at a minimum the
purpose of the proposed registration, the date, time, and place of the Public Hearing.
c. Conduct of Hearing
The Public Hearing shall be conducted before the Commission. The hearing may be held during
a regular meeting of the Commission at a special meeting, so long as notification requirements
set out in these Rules are adhered to. The hearing shall conform to the following procedure:
i. The Presiding Officer, the Chair of the Commission or his
designee, shall preside over the joint hearing before the
Commission and the City Council.
ii. After convening the meeting, the Presiding Officer shall request
that the Committee, staff, or other(s) designated by the Committee,
make a presentation of the Historic Landmarks under
consideration.
iii. Following the presentation(s) by the Committee or persons
registered by the Committee, owners of properties under
consideration for designation as a Historic Landmark with
transferable development rights and other members of the public
shall be afforded an opportunity to make oral comments on the
proposed designations. Presiding officers can establish limits.
4. iv. After the public has had an opportunity to make its comments
known to the Commission, the presiding officer shall adjourn the
public hearing, allowing the Commission time to consider
registration.
VI. ACTION BY COMMISSSION
In accordance with the Madison Transferable Development Rights Ordinance and the
Historic Preservation Commission, following review of public comments and review of the
recommendation(s) of the Registration Committee, may adopt the registration ordinance as
prepared, adopt the ordinance with any amendments it deems necessary, or reject the
proposal.
VII. NOTIFICATION OF DESIGNATION
Within six months of the adoption for registration by the Historic Preservation Commission
and the Registration Committee, the owners of the Historic District and the owners of
Historic Landmark(s) shall be given written notification of such designation.
VIII. NOTIFICATION OF OTHER AGENCIES
The Commission shall notify all necessary agencies within the City of Madison of the
ordinance for registration.
IX. REVOKATION OF DESIGNATED HISTORIC LANDMARK TRANSFER OF
DEVELOPMENT RIGHTS
The Commission in accordance with its powers set out in the Madison Transfer of
Development Rights, has the right to revoke registration of any place, site, building,
structure, or work of art. Procedures for Removal or Amendments to existing registration of
Historic Landmarks or Historic Districts shall be identical to those required for initial
registration as set out in this document.