TDC Development Areas

Designation of TDC Development Areas

There are no hard and fast rules about how the TDC Development Areas are actually designated. Similar to the TDC Conservation Areas, some U.S. programs have drawn a detailed line on a map, while others have identified the development area generally and created criteria that a development must meet to be considered a TDC Development Area eligible for bonus development activity. Some make inclusion in the program and receipt of bonus opportunities automatic, while others require an application (though at the very least, municipalities will require a detailed plan at some point).

In some cases, the designation process and the opportunity to use credits are tied. Some programs limit the number of credits ultimately available, and some programs provide additional opportunities beyond the TDC development bonus if additional criteria or goals are satisfied (e.g., higher proportion of affordable housing).

In every case, the process chosen is based on the goals of the TDC program (and associated programs), the acceptability to the community, and the municipality’s administrative structure. Ultimately, these designations are reflected in the zoning (recall: TDCs do not replace zoning, they augment it).

In some cases, municipalities create new zones specifically for the TDC Development Areas (but based on existing goals!), using names such as TDC Receiving Zone, Development Innovation Zone, or other. In other cases, existing zones are used (Residential, Light Industrial), but an overlay is included in the Land Use Bylaw which identifies the bonus development activity that is possible in that zone through participation in a TDC program.  In some cases, municipalities use complementary development protocols (such as Smart Code) to outline how the development within the TDC program will integrate with other development/conservation activities.

Regardless of the approach, the Municipal Development Plan, Land Use Bylaw and TDC Bylaw must all be consistent with regard to support of the program, making clear 1) what development activity is allowed in the zone outside of the program, 2) what development activity is available through the TDC program, and 3) the process for landowners within the zone to participate.