Conewago Township Adams County
City Zoning Code
City Zoning Code
ARTICLE VI
Transferable Development Rights
§ 155-151 Legislative intent; overview.
A.
Legislative intent. In accordance with Sections 603(c)(2.2), 603(b)(5), 605(4) and 619.1 of the Act,[1] this section establishes procedures by which transferable development rights are granted, severed, applied, and recorded. This technique enables the permanent preservation of the Township's valuable and productive farmlands, sensitive natural features and rural character. In addition, this article protects personal property rights of landowners within such valuable settings by enabling such landowners to transfer their development rights to other areas of Conewago Township that are planned for, and have required infrastructure necessary to support, community growth and development in accordance with the recommendations of the Official Conewago Township Comprehensive Plan.
[1]
Editor's Note: See 53 P.S. §§ 10603(c)(2.2), 10603(b)(5), 10605(4) and 10619.1, respectively.
B.
Sending area overview. This article and other provisions of this chapter issue transferable development rights (TDRs) to eligible landowners within the (A) Agricultural Zone based upon the sizes of their properties. This zone contains the Township's most valuable concentrations of prime and productive farmlands, active farming operations, sensitive and important natural features, and landscapes of rural character. This zone comprises the TDR sending areas as TDRs are sent herefrom. Landowners within these sending areas may sell or donate all or a portion of their assigned TDRs to landowners and developers who are looking to develop property elsewhere within the Township's receiving areas. All transactions (donations or sales) are completely voluntary. Landowners may also opt to retain their TDRs. Landowners who transact TDRs (donate, sell or retire) are required to apply a TDR easement that will protect the respective area within a natural, rural or agricultural state, depending upon the character of the property and its surroundings.
C.
Receiving area overview. This article and other sections of this chapter establish the Township's TDR receiving areas to include portions of the (HC) Highway Commercial Zone, as depicted as such on the Zoning Map.[2] These zones are planned to accommodate the Township's community development and generally have access to needed infrastructure. Within these receiving zones, density bonuses are granted and prescribed for the acquisition of TDRs from the sending area and their application to proposed developments during the land development review process. All TDR transactions (donations or sales) are completely voluntary.
[2]
Editor's Note: The Zoning Map is on file in the Township offices.
§ 155-152 Granting of transferable development rights; certification.
A.
Except as noted below in § 155-152A(4), properties within the (A) Agricultural Zones are granted transferable development rights that shall run with the land unless severed in accordance with the requirements of § 155-155 of this chapter. Such transferable development rights shall be granted in accordance with the following:
(1)
Every parcel within the (A) Agricultural Zone that, on the effective date of this chapter, contains at least three acres is issued one transferable development right for each three gross acres contained therein that can be voluntarily transferred. No transferable development rights are issued to parcels containing less than three acres, and no additional transferable development rights are issued for fractions of lot area above each three-acre interval.
(2)
Should a parcel of three acres or more which was not classified as part of the (A) Zone on the effective date of this chapter be subsequently rezoned to the (A) Zone, that parcel, too, will be issued one transferable development right for each three gross acres contained therein on the effective date of the rezoning.
(3)
Adjoining parcels under single and separate ownership shall be considered to be combined for the purposes of the granting of transferable development rights under this section. For the purposes of this section, land held in single and separate ownership shall be considered to be contiguous, regardless of whether:
(4)
All such transferable development rights shall be one and the same as those granted under § 155-14L of this chapter.
(5)
Transferable development rights granted under this section are separate and distinct from those granted within § 155-14D of the Agricultural Zone of this chapter. However, should a landowner who has been granted transferable development rights on his/her property transfer all of said rights and apply the required deed restriction language and conservation easements in accordance with § 155-155 of this chapter to his/her entire property, such deed restrictions and conservation easements could prevent the use of those development rights granted under § 155-14D of the Agricultural Zone of this chapter.
(6)
Transferable development rights are not granted to:
(a)
Portions of land owned by or subject to easements (including, but not limited to, easements of roads, railroads, electrical transmission lines, and water, gas or petroleum pipelines) in favor of governmental agencies, utilities, and nonprofit corporations; and/or
(b)
Land restricted from development by covenant, easement or deed restriction, unless and until such time as said covenant, restriction or easement is dissolved or rescinded. In the event said covenant, restriction or easement is dissolved or rescinded, such land shall be automatically issued transferable development rights at that time, subject to the eligibility standards listed in § 155-152A(1) through (6), respectively.
B.
Township certification. Property owners within the sending area may request a written certification by the Township regarding the number of TDRs that are granted to their respective property by this § 155-152. Such determination shall be provided based upon a review of that information submitted by the applicant as required in § 155-155A(1) and (2) of this chapter.
§ 155-153 Obligation of landowner to sever.
The severance of transferable development rights is accomplished solely on a voluntary basis. Landowners are in no way compelled to sever their transferable development rights. If a severance occurs, it must be accomplished according to the process and requirements of § 155-155 of this chapter. Unsevered transferable development rights may be transferred with land sold, transferred with land donated or transferred with land bequeathed. Transferable development rights shall run with the land unless severed in accordance with the requirements of § 155-155 of this chapter.
§ 155-154 Value of transferable development rights.
The monetary value of transferable development rights is completely determined between the seller and buyer.
§ 155-155 Severance process.
Transferable development rights granted through § 155-152 of this chapter may be sold and/or donated to any party, subject to the following:
A.
Application materials. Application shall be made on a form developed by the Township, which shall be signed by the transferor and the transferee. Along with said completed and duly signed application form, the following shall be submitted:
(1)
A metes and bounds description of the property of the owner of the land from which the rights will be transferred and a plot plan or survey thereof, showing:
(2)
If the proposed severance entails less than an entire parcel, the portion of the parcel from which the development rights are transferred shall be clearly identified on a plan of the entire parcel, drawn to scale, the accuracy of which shall enable the Township to clearly determine:
(a)
The number of development rights applicable to the entire parcel;
(b)
The number of development rights applicable to the identified portion of the parcel from which the development rights are to be transferred; and
(c)
The number of development rights which remain available to the remaining portion of the parcel.
(3)
A title search of the subject tract from which the transferable development rights will be severed, sufficient to determine all owners of the tract and all lienholders. In addition, the applicant shall submit a written legal opinion of title affirming that the TDRs to be severed by the deed of transferable development rights have not been previously severed from or prohibited upon the subject property. Such legal opinion must be approved by the Township Solicitor.
(4)
A copy of the proposed deed of transferable development rights.
(5)
A copy of the deed restriction language to be applied to all of, or that portion of, the subject property from which the TDRs are to be severed that permanently restricts use of the subject property for any purpose other than those listed as follows:
(6)
A copy of two proposed TDR easements, one of which shall designate Conewago Township as the grantee, the other which shall designate a bona fide conservation organization (public or private) as the grantee and shall designate Conewago Township as a third-party grantee, to be applied to all of, or that portion of, the subject property from which the TDRs are to be severed that:
(a)
Permanently restricts use of the subject property for any purpose other than those listed for each respective zone in the above § 155-155A(5).
(b)
Provides for the suitable ownership, maintenance and stewardship of the subject property given its current use and land use context.
(c)
Provides for protection of the subject property's important natural and cultural features, as guided by the requirements of Article V, Environmental Protection, of this chapter.
(d)
Prohibits the use of any portion of the subject property from which the TDRs are to be severed to be used to satisfy any other area, bulk or coverage requirements for any development rights retained on the subject property.
(e)
Specifically grants all future owners of any portion of the sending area property and any owners of any of the receiving area property to which the transferable development rights have been attached separate and independent enforcement rights.
B.
Review, endorsement, recording and approval of severance.
(1)
Upon complete submission as required above, the Zoning Officer shall determine the number of transferable development rights which shall be permitted to be severed from the sending tract. The Zoning Officer 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 parcel restricted from future development if the development rights from less than the entire parcel shall be severed; the title search and accompanying legal opinion; the deed of transferable development rights; the deed restriction language; and the TDR easements. The Zoning Officer shall inform the transferor and transferee of the development rights of his/her determination in writing. Any appeals from the determination of the Zoning Officer shall be made in accordance with the provisions of § 155-174G of this chapter.
(2)
Upon receipt of written approval by the Zoning Officer, as provided in § 155-155B(1), the transferor and transferee may present the Township with the deed restriction language and the deed of transferable development rights for endorsement as required by Municipalities Planning Code Section 619.1(c).[1] No deed restriction language and deed of transferable development rights shall be so endorsed until the Township is presented with evidence that the deed restriction language has been approved by the Township and the TDR easement has been approved by the Township and has been recorded with the Adams County Recorder of Deeds. In lieu of presentation of proof of recording the TDR easement, the fully executed TDR easement may be presented to the Township when the deed restriction language and the deed of transferable development rights is presented for endorsement, and the Township, at the applicant's expense, shall record both documents.
[1]
Editor's Note: See 53 P.S. § 10619.1(c).
(3)
If the development rights are to be severed from less than the entire parcel, the plan prepared in accordance with § 155-155A(2) above shall be attached to and recorded with the TDR easement. All owners of the tract from which transferable development rights are severed shall execute the TDR easement. All lienholders of the tract from which transferable development rights are severed shall execute a joinder and/or consent to the TDR easement.
(4)
Final approval for any subdivision or land development plan utilizing transferred development rights shall not be granted prior to the recording of the above-described restrictions with the Adams County Recorder of Deeds.
C.
Use of property after severance of transferable development rights is approved.
(1)
The owner severing transferable development rights from the sending area shall be bound by the deed restriction language and by the TDR easement and all other applicable sections of this chapter.
(2)
Land from which transferable development rights have been severed shall continue to be owned by the landowner, his/her heirs, executors, administrators, successors and/or assigns, all of which shall be bound by the deed restriction language and by the TDR easement.
§ 155-156 Process to apply rights to property within receiving areas.
When transferable development rights have been acquired by the transferee for the purposes of assignment to lands within the receiving area, the following shall apply:
A.
Application materials. Application shall be made on a form developed by the Township, which shall be signed by the transferor and the transferee. Along with said completed and duly signed application form and those materials required by § 155-155A, the transferee shall submit:
(1)
For uses permitted by right, a preliminary subdivision or land development plan, prepared in accordance with the latest version of Chapter 135, Subdivision and Land Development, of the Code of the Township of Conewago. The preliminary plan must indicate:
(2)
For uses permitted by special exception or conditional use, a site plan, prepared in accordance with § 155-174C(1) or 155-185A, respectively, of this chapter that includes the applicable requirements as listed in § 155-156A(1)(a) through (d) listed above.
(3)
An agreement of severance for the development rights between the owner of the tract to which development rights have been granted, or the owner of development rights which have been previously severed from a tract in the sending area, as evidenced by a recorded deed of transferable development rights, and the owner of the tract proposed to be developed with the transferred development rights. The agreement may be contingent upon approval of a final subdivision or land development plan of the tract to which the transferable development rights are to be severed.
(4)
If the use of transferable development rights which were previously severed from a tract in the sending area is proposed, a title search of such previously severed transferable development rights.
(5)
In all cases, the applicant must clearly demonstrate and the plan must note that the proposed use has the requisite number of TDRs to achieve the planned residential density.
B.
Review, approval and recording of transferable development rights applied to lands within the receiving area.
(2)
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 restriction language, the deed of transferable development rights and the recorded TDR easements, with the customary recording information of the office of the Recorder of Deeds in and for Adams County clearly endorsed thereon. In lieu of presentation of proof of recording the TDR easements, the deed restriction language and the deed of transferable development rights, the fully executed TDR easements may be presented to the Township with the deed of transferable development rights and the deed restriction language for endorsement, and the Township, at the applicant's expense, shall record all three documents and then shall execute and, if applicant so desires, at applicant's expense, shall record the final plan.
C.
Effect of assignment of transferable development rights within the receiving areas. For each transferable development right that is approved for severance according to § 155-155B, the transferee is entitled to an increase in 1,000 square feet of permitted lot coverage, up to a maximum of 75% lot coverage.
§ 155-157 Public acquisition of transferable development rights.
Conewago Township and/or Adams County may purchase development rights and may accept ownership of transferable development rights through transfer by gift. All such transferable development rights may be resold or retired by the Township and/or county. Any such purchase or gift shall be accompanied by a TDR easement and deed restriction language, as specified in § 155-155A of this chapter.
§ 155-158 Reservation of Township rights.
The Township reserves the right to amend this chapter 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 areas and the procedure by which development rights can be severed. The Township further expressly reserves the right to terminate its transferable development rights program at any time. No landowner or owner of development rights shall have any claim against the Township for damages resulting from a change in this chapter 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 this chapter abolishing the transferable development rights program, unless an application in conformity with the provisions of this section was filed prior to the effective date of such ordinance and thereafter is continuously processed to approval, and, following such approval, a complete subdivision and/or land development application complying with such rights is thereafter filed within six months from the date of such approval.