(a)

Hereafter, no land shall be used or occupied and no structure shall be constructed, used, or occupied except in conformity with the terms of this chapter.

(1)

A structure shall include any building, structure and portion, thereof.

(2)

Construction shall include erection, construction, reconstruction, alteration, enlargement, conversion, removal, maintenance and repair.

(3)

The terms of this chapter shall include the regulations herein established for the district in which such land or structure is located, the general regulations contained herein, other municipal codes and ordinances, and the laws and regulations of the Commonwealth of Pennsylvania and the Federal Government.

(b)

In cases of mixed occupancy, the regulations for each use shall apply to the portion of the structure or land so used.

(Ord. No. 96-05, Art. XVI(1600), 6-3-96)

(a)

Appointment and qualifications:

(1)

The Zoning Officer shall be appointed by the mayor with consent of Bensalem Township Council.

(2)

The Zoning Officer shall receive such compensation as the Bensalem Township Council shall provide.

(3)

The Zoning Officer shall not hold any elective office in the Township.

(4)

Minimum qualifications for the Zoning Officer shall include those listed on the job description and qualifications for Zoning Officer as adopted by resolution of the Bensalem Township Council.

(b)

Duties and powers: At the direction of the Mayor and with the aid of the Bensalem Township Council, police department and other municipal agencies and subject to the provisions of the Pennsylvania Municipalities Code, Act 247, as amended, the Zoning Officer shall have the duty and power to:

(1)

Receive and examine for completeness all applications for zoning permits in the Township.

(2)

Process zoning permit applications for all uses permitted within the applicable districts. Where required, applications shall be forwarded to the Planning Commission, Township Engineer, Building Inspector, and Zoning Hearing Board for approval or disapproval.

(3)

Review applications for zoning permits. Permits for construction or uses requiring a special exception or variance shall be issued only upon order of the Zoning Hearing Board. Permits requiring conditional approval by the Bensalem Township Council shall be issued only after receipt of approval from the Bensalem Township Council.

(4)

Conduct inspections and surveys of uses and structures to determine compliance or noncompliance with the terms of this chapter. In carrying out such surveys, the Zoning Officer may, with the permission of the owner or occupant, enter upon any land or into any structure, provided, however, that the Zoning Officer shall first secure a search warrant if such permission is not granted.

(5)

At the direction of the Mayor or when directed by appropriate action of the Council, institute in the name of the Township any appropriate action or proceedings to prevent the unlawful construction, occupancy, or use of any structure or land in order to restrain, correct, or abate such violation, so as to prevent such construction, occupancy, or use of any structure or land or to prevent any illegal act, conduct, business, or use in or about such premises.

(6)

Issue stop, cease, and desist orders; and order in writing correction of all conditions found to be in violation of the terms of this chapter. Such written orders shall be served personally or by certified mail upon persons, firms or corporations deemed by the Zoning Officer to be violating the terms of this chapter. It shall be unlawful for any person to violate any such order issued lawfully by the Zoning Officer, and any person violating any such order shall be guilty of a violation of this chapter.

(7)

At the direction of the Mayor or when directed by appropriate action of the Council, institute in the name of the Township, a citation for a violation of this chapter before the district justice or other court having jurisdiction.

(8)

Revoke any order or zoning permit issued under a mistake of fact or contrary to the terms of this chapter.

(9)

Keep a record of all plans, documents, and applications for permits and all permits issued, with notations as to special conditions attached thereto. A copy of all additions to such records shall be sent to the Bensalem Township Council on a monthly basis. All records shall be open for public inspection.

(10)

Maintain a map which shows the current zoning classification of all land and which shall be posted at the Township Building.

(11)

Maintain a map and register which shows the registration, identity, location, and type of all nonconforming uses and structures and which shall be available for public inspection at the Township Building.

(12)

Be available to testify in all proceedings before the Zoning Hearing Board; present facts and information to assist the Zoning Hearing Board in reaching a decisions; resist and oppose any deviations from the provisions of this chapter; and encourage decisions of the Zoning Hearing Board to be reviewed in a court of proper jurisdiction when, in the judgment of the Zoning Officer, such review is desirable.

(Ord. No. 96-05, Art. XVI(1601), 6-3-96)

Any owner of land or structure in Bensalem Township is required to obtain all applicable permits, including, but not limited to, the permits described in this section or any other applicable ordinance. The types of permits are use permits, use registration permits, occupancy permits and sign permits.

(1)

Use permits:

a.

Requirements of a use permit. Use without a permit unlawful: Except for those signs which are regulated solely by article XIV, it shall be unlawful for any person to make any use of any structure or land until a use permit has been duly issued therefor. Use permits shall be required prior to any of the following:

(1)

Use of any structure hereinafter constructed for which a building permit or an alteration of land permit is required;

(2)

Change in use of any structure;

(3)

Use of land or change in the use thereof, except that the placing of vacant land under cultivation shall not require a use permit;

(4)

Change in use or expansion of a nonconforming structure;

(5)

Change in use or expansion of a nonconforming use.

b.

Application for a use permit.

(1)

All applications for use permits shall be made to the Zoning Officer in writing on forms furnished by the Township and shall include all information necessary to enable the Zoning Officer to ascertain compliance with this chapter.

(2)

Whenever the use of a premises involves any construction, application for a use permit shall be made prior to applications for a building and an occupancy permit.

(3)

When no construction is involved, application for a use permit and an occupancy permit may be made simultaneously at any time prior to the use or occupancy of the structure or land.

c.

Issuance of a use permit:

(1)

No use permit shall be issued until the Zoning Officer has certified that the proposed use of land or existing or proposed structure complies with the provisions of this chapter. Issuance of a use permit does not permit occupancy, for which an occupancy permit is required.

(2)

Within 90 days of receipt of an application for a use permit, the Zoning Officer either shall issue the permit or shall give notice to the land owner or applicant that the application has been rejected, including what must be done to cure the reasons for rejection.

(2)

Use registration permits:

a.

Requirement of a use registration permit. A use registration permit shall be required prior to the sale of any property in the Township in accordance with the provisions of 21 Purden's Sections 611-615, as adopted by the Bensalem Township Council as Ordinance No. 211.

b.

Application for a use registration permit.

(1)

All applications for use registration permits shall be made to the Building Inspector in writing on a form furnished by the Township prior to any sale of property to which Ordinance No. 21 applies.

(2)

There shall be included with all applications such other plans, documents, and information as may be necessary to enable the Building Inspector to ascertain compliance with this chapter.

c.

Issuance of a use registration permit.

(1)

Where applicable, no use registration permit shall be issued by the Building Inspector until the Zoning Officer has issued a certification of district classification as specified in Ordinance No. 211.

(2)

Within 90 days of receipt of an application for a use registration permit, the Building Inspector shall either issue the permit with appropriate certificates or shall give notice in writing to the applicant that the application has been rejected including what must be done to cure the reasons for rejection.

(3)

Occupancy permits:

a.

Requirement of an occupancy permit.

(1)

Occupancy without a permit unlawful: It shall be unlawful for any person to occupy any structure or land under any of the conditions listed below until an occupancy permit has been duly issued therefor. Occupancy permits shall be required prior to any of the following:

(i) Occupancy of any structure, hereinafter constructed for which a building permit is required;

(ii) Change in use, ownership or occupancy of any structure;

(iii) Use of land or change in the use thereof, except that the placing of vacant land under cultivation shall not require any occupancy permit;

(iv) Occupancy of a nonconforming structure for which a change in use or expansion is proposed;

(v) Change in use or expansion of a nonconforming use.

(2)

Life of an occupancy permit: An occupancy permit shall be considered valid indefinitely, provided that the use or occupancy authorized by the permit shall be continued. Otherwise the permit shall be considered null and void.

b.

Application for an occupancy permit.

(1)

All applications for occupancy permits shall be made to the Zoning Officer in writing on forms furnished by the Township and shall include all information necessary to enable the Zoning Officer to ascertain compliance with this chapter.

(2)

When use of a premises involves the construction of a structure, applications for a use permit and a building permit shall be made prior to application for an occupancy permit.

(3)

When no construction is involved, applications for a use permit and an occupancy permit may be made simultaneously.

c.

Issuance of an occupancy permit.

(1)

No occupancy permit shall be issued until the Zoning Officer has verified that all use, building and other applicable permits have been obtained.

(2)

No occupancy permit shall be issued until the Zoning Officer has inspected and certified that the use of the land or structure is in compliance with this chapter.

(3)

Prior to and as a condition of the issuance of an occupancy permit, the Zoning Officer shall require that all easements shown on the final subdivision or land development plan for the property in question are recorded against the property.

(4)

Within 90 days of receipt of an application for an occupancy permit, the Zoning Officer either shall issue the permit or shall give notice in writing to the permit holder that the application has been rejected, including what must be done to cure the reasons for rejection, and that it is the permit holder's duty to correct and/or abate the violation so found.

d.

Issuance of a temporary occupancy permit. A temporary occupancy permit may be granted for a period not to exceed 90 days prior to the completion of construction, provided that all structural work is completed, all permits relating to sewage and water have been obtained and filed with the Township, and all permit fees have been paid, and provided further that the person seeking the temporary occupancy permit posts with the Township pursuant to an escrow agreement in a form satisfactory to the Township Solicitor, sufficient funds to complete the construction, grading, etc.

(4)

Sign permits:

a.

Requirements of a sign permit.

(1)

Construction without a permit unlawful. Every new sign shall have a sign permit indicating compliance with this chapter. No sign, except for those exemptions designated below, shall be constructed until such a permit has been issued.

(2)

Life of a sign permit. Each sign permit must be renewed annually on or before January 15 of each year following the year in which a permit for the sign had been initially issued.

(3)

Exemptions. Any sign listed in subsection 232-712(a) herein shall be exempt from the requirements for a sign permit, provided it conforms to the requirements and regulations of this chapter and has no electrical parts or usage.

b.

Application for a sign permit.

(1)

All applications for new sign permits shall be made to the Zoning Officer in writing on forms furnished by the Township, and shall include all information necessary to enable the Zoning Officer to ascertain compliance with this chapter.

(2)

Notice that annual renewal of a sign permit is due for an existing sign shall be made to the permit holder by the Township.

(3)

Application for any new electrical sign shall include information identifying the manufacturer of the sign as being listed in the current Electrical Construction Manufacturers List Manual, and shall include the label number which has been approved by the Fire Underwriters Laboratories.

(4)

Application for any new sign listed in sections 232-716 and 232-718 herein shall include the required drawings of all structural elements which are signed and certified by a structural engineer licenses in the Commonwealth of Pennsylvania.

c.

Issuance of a sign permit.

(1)

No sign permit shall be issued until the Zoning Officer has determined that the proposed construction or existing sign complies with the provisions of this chapter.

(2)

Within ten days of receipt of the permit holder's notice of completion, the Zoning Officer shall in writing either certify that the authorized construction has been completed in compliance with the sign permit or give notice that the construction has been rejected, including what must be done to cure the reasons for rejection, and that it is the permit holder's duty to correct and/or abate the violation so found.

(Ord. No. 96-05, Art. XVI(1602), 6-3-96)

(a)

Fees for permits shall be paid in accordance with a fee schedule to be adopted by resolution of the Bensalem Township Council. Such fees shall be designated to cover the cost of administering the Zoning Ordinance.

(b)

No zoning permit required by this chapter will be issued, nor will any inspection for such a zoning permit be made until the applicant has paid to Bensalem Township the fee required by Bensalem Township for the issuance of a zoning permit.

(c)

Each applicant for an appeal, special exception, or variance shall, at the time of making application, pay a fee in accordance with the aforementioned fee schedule, for the cost of advertising and mailing notices, and such other costs as are required by this chapter and the rules of the zoning board.

(d)

All fees shall be paid into the Township Treasury.

(Ord. No. 96-05, Art. XVI(1603), 6-3-96)

(a)

Purpose. Within the Township there are certain areas that, because of their unique natural, agricultural, cultural, historical, and scenic resources, make them worthy of special protection. The purpose of this section is to assist in permanently protecting these vital resources. In accordance with subsections 603(c)(2.2), 605(4), and 619.1 of the Pennsylvania Municipalities Planning Code, a transferable development rights program is established in the Township, and the Township designates the parcels identified herein as the sending area, and designates the receiving area as properties developed within the Bensalem 2018 Regulating Code Overlay District, except as provided herein. The purpose of the transfer of development rights program is to preserve the vital resources of the Township by shifting development from those areas to the receiving area of the Township and to implement, where appropriate, the reservation of properties identified in the Township's Official Map.

(b)

Concept.

(1)

The transfer of development rights is a voluntary agreement under the terms of this chapter between a willing buyer and a willing seller. The rights shall be transferred to a person, corporation, partnership or other legal entity or the Township. The development rights may be held by the purchaser for future use or sale or may be immediately attached to a specific parcel of land within the receiving area, as defined herein. The development rights shall be considered a separate estate in land and may be transferred subject to the limitations of this chapter. Once the development rights are attached to a specific parcel of land, those rights shall run with that specific parcel in perpetuity.

(2)

A purchaser of development rights who attaches those rights to a tract of land, in accordance with the procedures set forth in this chapter, is permitted to develop a tract within the receiving area with an increase in density, in accordance with the terms specified in subsection (d) hereof. The seller of the development rights receives compensation from the sale, plus the right to retain the land for a permissible use. A deed restriction against future development is placed upon the land of the seller from which the development rights have been severed. The price of the development rights will be determined by the willing buyer and willing seller. To facilitate the transfer between willing buyer and willing seller, the Township maintains a list of available transferable development rights and interested parties.

(3)

The deed restriction will not affect the selling landowner's ability to sell the land after the development rights have been severed, although such land may not be sold for development purposes. The deed restriction on the land from which the development rights have been severed shall run in favor of the Township or an approved conservation organization.

(4)

The owner of the tract from which the development rights are severed or any subsequent purchaser or purchasers of the development rights may hold the development rights or may resell the development rights. The only use which may be made of the development rights is the ultimate transfer to a developer in the designated receiving area. The Township shall have no obligation to purchase the development rights which have been severed from a tract in the sending area. However, see subsection (i) hereof regarding the Township's right of first refusal.

(c)

Recognition of transferable development rights. The Township hereby recognizes the severability and transferability of development rights from certain lands within the Township, to be transferred and used in accordance with the provisions of this chapter. The Township, in accordance with the criteria set forth in subsection (d) hereof, apportionment of development rights, shall determine the eligibility of each tract of land within the Bensalem 2018 Regulating Code Overlay District for allocation of transferable development rights. The Township has no obligation, however, to determine the specific number of such rights apportioned to each tract, nor to give any formal notice to the landowner other than by the passage of this section, until such time as an application to utilize transferable development rights is made in accordance with subsection (d), apportionment of development rights, and subsection (e), plan submittal and review process. The Township reserves the right to amend this section in the future, and the Township expressly reserves the right to change the manner in which the number of development rights shall be apportioned to a tract in the sending area, the manner in which development rights may be attached to land within the receiving area, the locations of the sending area and the receiving area and the procedure by which development rights may be conveyed. The Township further expressly reserves the right to terminate its transferable development rights program at any time. No owner of land or owner of development rights shall have any claim against the Township for damages resulting from a change in this section relating to the regulations governing the apportionment, transfer and use of development rights or the abolition of the transferable development rights program. If the transferable development rights program is abolished by the Township, no developer may attach development rights to any tract in the receiving area after the effective date of an ordinance abolishing the transferable development rights program unless an application in conformity with the provisions of subsection (e) hereof is filed prior to the effective date of such ordinance.

(d)

Apportionment of development rights. Development rights shall be apportioned to tracts of land within the designated sending area of the Township based on the following criteria:

(1)

Transferable development rights are available to owners of the following properties within the Township:

a.

The historic properties identified by parcel number and shown in appendix A attached hereto and incorporated herein by reference, provided that the owner of any such historic property complies with the historic preservation requirements of the Historic Resources Overlay District, set forth in this chapter.

b.

The properties within the Bensalem 2018 Regulating Code Overlay District identified and shown in appendix B attached hereto and incorporated herein by reference.

(2)

The number of TDR credits available to owners of eligible lots is determined by the applicable provisions of the zoning district in which the lots are located, based on the net buildable area of the lots. The value of the TDR credits shall be subject to adjustment by the Township on a case-by-case basis, if necessary, based on the following factors:

a.

The by-right uses available to the property in the sending area; and

b.

The site-specific conditions of the proposed development in the receiving area and the available limit for the use of TDR credits.

Said adjustment shall be determined by a study to be commissioned by the Township, at the sole cost and expense of the developer proposing to use the TDR credit(s).

There shall be added to the credit value of each TDR an administrative fee, to be established by Council from time to time, payable to the Township, to cover the cost of the administration of the transfer of Development rights program established herein. Such fee shall be paid equally by the seller and the buyer of the TDRs subject to the transaction.

(3)

No TDR credits are available for the following properties:

a.

Lots or properties from which all of the development rights have already been sold or transferred;

b.

Lots or properties on which an easement or other restriction in a deed or other document has been granted to the Farmland Preservation Program of Bucks County, any utility company, to any other program or agency, or to any person, partnership, corporation, or other legal entity;

c.

Lots or properties that have been restricted from development by the terms of conditions of a development plan, subdivision approval, or other agreement that restricts the property from further development;

d.

Land within the ultimate right-of-way of existing roads;

e.

Lots or properties or portions of lots or properties that have been designated and used to meet the open space or resource protection requirements of a subdivision or land development plan; and

f.

Lots or properties located within a Transit Oriented Development district.

(e)

Plan submittal and review process. The TDR credits may be issued and transferred or sold to a person, corporation, partnership, or other legal entity so designated by the landowner pursuant to the following:

(1)

The submission to the Township Director of Building and Planning of an agreement of sale for said TDR credits, duly executed by the parties, together with a title search of the tract from which the transferable development rights will be transferred, sufficient to identify all owners of the tract and all lienholders, at which time the Township will conduct an evaluation of the TDR credit exchange rate, in accordance with subsection (d)(2) hereof;

(2)

The applicant shall submit for Township approval a restrictive covenant that would run with the land. The restrictive covenant shall be subject to the approval of the Township Solicitor and shall restrict the land from which TDRs have been sold so as to comply with the following:

a.

The location of any additional dwelling unit shall be specified in the zoning permit application. The location of the dwelling unit and its driveway shall not harm the economic viability of the subject land.

b.

Other buildings or structures may be permitted to be constructed only in conformance with this chapter.

c.

Subdivision of the land from which TDRs have been sold is permitted only if such subdivision of land shall not harm the economic viability of the land.

d.

Land from which TDRs have been sold may be used only for the following purposes:

1.

Preservation of natural landscape by leaving land and resources undisturbed in forest, field, wetland, or other natural and unaltered state.

2.

Preservation of historical resources in accordance with the Historic Resources Overlay.

e.

No zoning permits shall be issued for other uses; and no land development approval shall be granted for other uses.

f.

Where the total available TDRs from a tax parcel are not sold, the regulations of subsection (5) shall be complied with and shall be reflected in the recorded covenant.

(3)

The development rights shall not be transferred and become usable until the restrictive covenant and the evaluation of the TDR credit exchange rate has been approved by the Township and has been recorded in the office of the Recorder of Deeds for Bucks County.

(4)

The land from which development rights have been sold shall not be used to meet the open space requirements or minimum lot area or yard requirements for any other use nor may it be used for any other purpose that would support or serve development, including but not limited to fields for land application of sewage, sewage lagoons, stormwater management facilities, utilities, or other uses.

(5)

If the agreement of sale of development rights would entail less than an entire tax parcel, the following additional regulations shall apply:

a.

The portion of the tax parcel involved in the proposed sale of development rights shall be described by metes and bounds and must be shown on a plot plan.

b.

Where a portion of the total available TDRs are sold from a lot or property, the future sale of additional TDRs from that property shall occur so that the land from which TDRs are sold is contiguous, to the greatest extent possible, to the land from which TDRs were previously sold.

c.

Where a portion of the total available TDRs from a lot or property are sold, the landowner proposing to transfer TDRs shall provide with his application for the TDRs a resource inventory plan of the property which shall indicate the location of arable land, wetlands, floodplains, steep slopes greater than 25 percent (to the extent that these slopes are required to be protected under the terms of this chapter), and forests. The applicant may use data available at the Township Building or at the Bucks County Planning Commission to determine the location of floodplains, wetlands, and forests. The purpose of the resource inventory plan is to determine that a fair proportion of the land to be preserved through the sale of TDRs is buildable under the terms of this chapter. The land from which TDRs are sold shall have a ratio of resource-restricted land-to-land area that is equal to or less than the ratio of resource-restricted land to total lot area of the entire property, so that the following standard is met:

Where

Such that:

Ratio of:

Resource protected land ≤ TDR tract

TDR tract containing   Total lot area

Resource protected land

d.

Where a portion of the total available TDRs from a lot or property are sold and the owner of the lot intends to develop the remaining portion of the lot, the remaining development potential shall be calculated on the basis of the number of dwelling units which could have been constructed on the lot or property without the sale of TDRs. When the applicant intends to develop the lands remaining after the sale of TDRs from a portion of a tax parcel, the applicant shall provide to the Township a sketch plan which indicates the number of dwelling units which could be developed on the property under the terms of this chapter so that the remaining development potential can be determined. The number of TDRs sold shall be subtracted from the total development potential of the property to determine the number of dwelling units that could be built on the lands remaining.

(6)

Determination by director of building and planning.

a.

The director of building and planning, in coordination with the director of economic development, shall determine the number of development rights which shall be permitted to be severed from the sending tract. The director of building and planning shall also determine, with the advice of the Township Solicitor and/or the Township Engineer, the sufficiency of the plan indicating the portion of the sending tract restricted from future development if the development rights being transferred constitute less than the entire tract, as well as the sufficiency of the declaration of restrictions on development and the deed for the transfer of development rights. Upon making such determination, the director of building and planning shall, in writing, inform the owner or owners of the land from which the development rights will be severed and, if applicable, the developer, of his determination. Any appeals from the determination of the director of building and planning shall be filed in accordance with the provisions of the Municipalities Planning Code.

b.

Upon receipt of a determination by the director of building and planning, the owner or owners of the land from which the development rights will be severed and, if applicable, the developer or other entity who will purchase the development rights, may present the Township with the deed of transferable development rights for endorsement as required by section 619.1 of the Municipalities Planning Code. No deed of transferable development rights shall be so endorsed until the Township is presented with evidence that the declaration of restrictions on development has been approved by the Township and has been recorded in the office of the Bucks County Recorder of Deeds. In lieu of presentation of proof of recording the declaration of restriction of development, the fully executed declaration may be presented to the Township when the deed of transferable development rights is presented for endorsement, and the Township, at the applicant's expense, shall record both documents.

c.

If the development rights shall be immediately attached to a tract in the receiving area, no deed of transferable development rights shall be recorded before preliminary plan approval for the development utilizing the development rights has been obtained. If the development rights are to be retained by the owner of the sending tract from which they have been severed or are to be transferred in gross, the deed of transferable development rights may be recorded at any time after the recording of the declaration of restriction on development.

d.

No final plan for any subdivision or land development which utilizes transferable development rights shall be executed on behalf of the Township until the Township has been presented with a copy of the recorded deed of transferable development rights and the recorded declaration of restriction of development with the customary recording information of the office of the Recorder of Deeds in and for Bucks County clearly endorsed thereon. In lieu of presentation of proof of recording the declaration of restriction of development and the deed of transferable development rights, the fully executed declaration of restriction of development may be presented to the Township with the deed of transferable development rights for endorsement, and the Township, at the applicant's expense, shall record both documents and then shall execute and, if applicant so desires, at applicant's expense, shall record the final plan.

(f)

Voluntary use of development rights. Uses meeting the requirements of this chapter and other Township ordinances shall be approved up to the maximum density or impervious surface ratio as permitted for uses without the purchase of development rights. Nothing in this section shall require a landowner to purchase or sell development rights.

(g)

Transfer and recording. Development rights shall be recorded in the office of the Recorder of Deeds of Bucks County in accordance with its regulations. All transfers and recording shall be conveyed and recorded in full compliance with section 619.1, Transferable Development Rights, of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10619.1.

(h)

Designation of receiving area. Transferable development rights may be used only in the districts and for the uses designated by this chapter as being eligible to receive and use transferable development rights. No transferable development rights may be used in zoning districts unless specifically permitted by this chapter, nor may any transferable development rights be used to increase the density of any use unless specifically permitted by this chapter. Within the Bensalem 2018 Regulating Code Overlay District, transferable development rights shall not be available to the use designated as "apartment" or "apartment building."

(i)

Public acquisition. Bensalem Township may purchase development rights and may accept ownership of development rights through transfer by gift and may establish a bank of development rights in accordance with procedures to be established by Council. Any such purchase or gift shall be accompanied by a declaration of restriction of development as specified in subsection (e)(6) hereof. All such development rights may be resold or retired by the Township. If transferable development rights are not available under private sale, Township Council may consider selling transferable development rights. Any such sale will be based on the average cost of the last three private sales. The Township may, but shall not be required to, approve an alternate method for preserving identified resources, provided the applicant can demonstrate to the satisfaction of Township Council that the alternative method will provide equal or better results in achieving the preservation goals identified by the Township.

(j)

Right of first refusal. Bensalem Township shall have a right of first refusal for the purchase of each transferable development right to be sold by the sending property, in accordance with the following:

(1)

The owner of the sending property shall convey to the Township a grant of right of first refusal, to be recorded in the Office of the Recorder of Deeds for Bucks County, in form and substance acceptable to the Township Solicitor, having at a minimum the following terms:

a.

Owner shall give written notice to Township of receipt of a third-party offer that owner intends to accept, including a complete and accurate counterpart of such offer, and shall not accept such third-party offer until Township has had an opportunity to purchase the development rights subject to the offer, and to conduct an evaluation of the TDR Credit exchange rate;

b.

Owner's notice to Township shall constitute owner's offer to transfer the development rights to Township on the same terms reflected in the third-party offer, and such offer to the Township shall remain open for acceptance for ten days after receipt of the offer by Township (the "acceptance period").

c.

If the third-party offer does not incorporate a fully complete sales contract, then Township may notify the owner within the acceptance period of Township's acceptance of the owners' offer, conditioned on its incorporation into a mutually agreeable sales contract within 30 days following the end of the acceptance period (the "finalization period"). During the finalization period, both the owner and Township must make good faith attempts to find mutually acceptable terms for the purchase and sale of the property (excepting the terms set forth in the owners' offer, which are fixed unless otherwise agreed by the owners and Township).

d.

Township's right to purchase the development rights shall end and owner's right to transfer the development rights to the third party when the following occurs:

1.

At the end of the acceptance period, owner has not received notice from Township that Township either accepts owner's offer or accepts Owner's offer conditionally pursuant to subsection c. above; or

2.

At the end of the finalization period owner and Township fail to sign a mutually binding sales contract, despite their good faith efforts to do so.

e.

If the owner's offer to Township applies to only a portion of the owner's property, the grant of right of first refusal shall apply to the remainder of owner's property.

f.

Township's right of first refusal shall be reinstated if the terms of sale are materially changed from the third-party offer delivered to Township, or if owner has not completed a transfer of the development rights pursuant to the third-party offer within one year following the end of the acceptance period. Owner must promptly furnish to Township any amendment, rider or other document changing the terms of the sales contract with Township.

g.

Any notice required to be given pursuant to the grant of right of first refusal, including notice of change of address, must be in writing and delivered to owner or Township, as the case may be, at their respective addresses set forth in the grant of right of first refusal, by any of the following means: certified mail (return receipt requested); commercial courier guaranteeing next day delivery; or hand delivery.

h.

For purposes of the grant of right of first refusal (the "Grant"), the term "Third Party" shall mean any person other than a lineal descendant of the owner (including adopted children and stepchildren) or a trust established for the benefit of owner or any such person, or a person controlled by owner. The term "person" shall mean any individual, or entity including a trust, corporation, partnership, limited liability company or other organization. The term "Owner" shall mean the person or persons identified as the grantor in the grant (whether singular or plural) and all persons who own the property after them. The "Property" shall mean the entirety of the land described in, or in attachment to, the grant, or, as applied to a notice of intent to transfer some but not all of the property, then such lesser portion as is the subject of the notice. A "Third Party Offer" shall mean a firm written offer to purchase or otherwise accept the transfer of the development rights tendered by a third party to the owner. A "Transfer" occurs whenever owner no longer owns or controls the property and includes any of the following whether in a single transaction or a series of transactions: i) the direct or indirect sale, agreement to sell, assignment, or conveyance of the property; and ii) the transfer of any stock, partnership or other ownership interests in any owner (if any owner is at any time an entity rather than one or more individuals) whether or not any transfer is voluntary, involuntary, by operation of law, or otherwise.

(Ord. No. 2015-12, § I, 12-22-15)