East Vincent Township
City Zoning Code
City Zoning Code
PART 24
TRANSFERABLE DEVELOPMENT RIGHTS
§ 27-2401 Purpose.
[Ord. 162, 6/12/2002, § 2401]
The primary purposes of transferable development rights (TDR) are to promote the health, safety, and general welfare of East Vincent Township residents by permanently preserving prime farmland, sensitive natural areas, and rural community character that would be lost if the land were developed. In addition, this Part is intended to protect property rights by allowing landowners whose land is intended for preservation to transfer their rights to develop to other areas of East Vincent Township deemed appropriate for higher density development based on the availability of community facilities and infrastructure.
§ 27-2402 Basic Concept.
[Ord. 162, 6/12/2002, § 2402]
1.
The provisions of this chapter which permit transferable development rights allow landowners in areas of East Vincent Township proposed for conservation, called sending areas, to sell the right to develop all, or a portion of their land to landowners in areas of East Vincent Township proposed for additional development, called receiving areas. The transferable development rights provisions set forth below are specifically authorized under §§ 603(c)(2.2) and 619.1 of the Pennsylvania Municipalities Planning Code, 53 P.S. §§ 10603(c)(2.2), 10619.1, under the terms of which development rights are acknowledged to be severable and separately conveyable from a sending area to a receiving area.
2.
When landowners in the sending area sell their right to develop all or a portion of their land, they must restrict that portion of land from which development rights are sold against any future development as provided in this chapter, although the land may still be used for purposes that do not involve development, such as agriculture or forestry. When landowners in the receiving area buy the development rights from landowners in the sending area, they receive the right to build more homes on their land than they would have been allowed had they not purchased development rights.
3.
Deed restrictions imposed in the sending area will not affect the landowner's ability to sell the land after the development rights have been severed, although such land cannot ever be used 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 in the sending area from which the development rights are severed or any subsequent purchaser or purchasers of the development rights may declare the development rights for sale, 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 with a tract in the receiving area. The Township shall have no obligation to purchase the development rights which have been severed from a tract in the sending area.
§ 27-2403 Sale of TDRs from Sending Area.
[Ord. 162, 6/12/2002, § 2403; as amended by Ord. 234, 2/7/2018, § V]
1.
Owners of tracts which meet the following requirements may sell their development rights:
A.
Sending Area Qualifications.
(1)
The sending area tract(s) of land shall be located within the AP or RC Zoning Districts.
(2)
By the time of severance of development rights from the sending area tract, at least 80% of the sending area tract must be restricted from future development in accordance with subsections Paragraphs D and E below.
(3)
The land within the sending area tract to be restricted shall be contiguous, shall generally be of a regular configuration, and shall not extend less than 100 feet in the narrowest dimension at any point, except where infeasible due to the pre-existing configuration of the tract from which development rights may be sent.
(4)
The portion of the sending area tract which will not be restricted shall be usable for the exercise of the retained development right(s) under the use, area, dimensional, performance, and other applicable standards of this chapter.
B.
Calculation of Transferable Development Rights.
(1)
The total number of development rights available to be severed from a sending area tract shall be determined by multiplying the gross tract area, minus a percentage of any constrained lands as required in Subparagraph (4) below, by 0.51, subtracting from such product the number of retained development rights. Products resulting in fractions may be rounded to the nearest whole number; fractions of one-half may be rounded up.
(2)
Development rights previously severed or land previously restricted from development by covenant, easement or deed restriction shall not be eligible for severance or transfer under this chapter and shall be subtracted from any applicable calculation of transferable development rights to the extent of the restriction(s)in force unless and until such time as said covenant, restriction or easement is dissolved or rescinded with agreement of all beneficiaries of such covenant, restriction or easement.
(3)
Any sending area tract shall retain at least one development right, unless the tract is joined in a single deed with an adjacent tract or tracts with retained or remaining development right(s). All remaining development rights may be severed from the tract.
(4)
When calculating eligible development rights for the sending area, a 50% reduction in development rights shall be made for any portion of that area consisting of the following constrained lands:
(a)
Any area within the Flood Hazard District as established in § 27-1501 of this chapter.
(b)
Any area comprising wetlands under the jurisdiction of the United States Army Corps of Engineers and/or the Pennsylvania Department of Environmental Protection.
(c)
Any area of steep slope, as defined herein and where the ratio of the change in elevation over the horizontal distance as measured between consecutive two-foot contour intervals exceed 15%.
For the purpose of development right determination, areas of constrained lands identified in clauses (a), (b), and (c) above may be determined by an applicant or landowner utilizing current Township mapping, Chester County Soils Survey maps, and National Wetlands Inventory information, unless more accurate site data is available and found acceptable to the Township. |
C.
Declaration of Transferable Development Rights and Certification by Township. The owner of any tract(s) in the AP or RC Districts may elect to declare the development rights that may be severed from the owner's land and may request a written certification from the Township of the number of rights that may be severed, which certification shall not be unreasonably withheld, by meeting the requirements in Paragraphs A and B above. The form and content of the certification shall be determined by resolution of the Board of Supervisors, but shall in any event state that any severance of transferable development rights shall be contingent upon satisfaction of the requirements of this Part except Paragraphs A and B which already will have been satisfied.
D.
Severance of Transferable Development Rights.
(1)
Transferable development rights which have been severed shall be conveyed by a deed of transferable development rights duly recorded in the Office of the Chester County Recorder of Deeds. The deed of transferable development rights shall specify the tract or tracts of land within eligible receiving area(s) to which the rights shall be permanently attached or that the rights shall be transferred to the Township, retained by the owner of the sending tract, or another person in gross.
(2)
The deed of transferable development rights which severs the development rights from the sending area tract(s) shall be accompanied by restrictive covenants or conservation easements suitable in form and substance to the Township Solicitor which shall permanently sever and eliminate the transferred development right from the sending area tract(s) as provided in Paragraph E below and which shall be recorded in the Office of the Recorder of Deeds at the same time as or prior to the deed of transferable development rights.
(3)
All deeds of transferable development rights and restrictive covenants or conservation easements shall be endorsed by the Township prior to recording, which endorsement shall not be unreasonably withheld. Deeds submitted to the Township for endorsement shall be accompanied by a title search of the sending area tract(s) and a legal opinion of title affirming that the development rights being transferred by the deed have not been previously severed from or prohibited upon the sending area tract. A title report should be prepared within 10 days prior to submission of the deed and the legal opinion of title must meet the reasonable approval of the Township Solicitor.
(4)
The severance of development rights from a sending area tract shall not affect the ability of the tract owner to develop the tract's existing historic structures under the provisions for renovation and reuse of historic structures in Part 14 of this chapter.
(5)
The deeds and covenants or conservation easements shall be accompanied by a map or plan of the sending area tract, drawn to scale, the accuracy of which shall be satisfactory to the Township. Such plan shall include a notation of (a) the number of development rights applicable to the sending area tract, (b) the number of development rights retained and shall graphically represent the geographic extent and applicability of the conservation restrictions as well as the general future location(s) available for the use of any retained development rights.
(6)
If less than all of the development rights eligible for transfer hereunder are to be transferred, the applicant shall indicate in the Deed the disposition of the remaining development rights.
E.
Sending Area Conservation Restrictions. Any sending area tract from which development rights have been severed must be permanently restricted from future development by restrictive covenant(s) or by a conservation easement which meets the following requirements:
(1)
Except to the extent that any development rights are retained, the restrictive covenant shall permanently restrict the land from future development for any purpose other than agricultural uses, public park land, conservation areas and similar uses.
(2)
The restrictive covenant(s) or conservation easement(s) shall be approved by the Board of Supervisors of East Vincent Township, in consultation with the East Vincent Township Solicitor. Final plan approval for any plan utilizing transferred development rights shall be conditioned upon the recording of the deed of transferable development rights and the restrictive covenant(s) or conservation easement(s) at the Chester County Recorder of Deeds.
(3)
The restrictive covenant(s) or conservation easement(s) shall designate East Vincent Township, a bona fide conservation organization acceptable to the Township or both, at the Township's sole discretion, as the beneficiary/grantee, and may, if the Township so elects, also designate (a) all future owners of all or a portion of the sending parcel, and (b) all future owners of any portion of the receiving parcel as having separate and independent enforcement rights with respect to the restrictive covenant(s) or conservation easement(s).
(4)
The restrictive covenant(s) or conservation easement(s) shall apply to the sending area tract from which development rights are sold, and shall specify the number of development rights to be severed as well as any to be retained. No portion of the sending area tract used to calculate the number of development rights which shall be severed shall be used to satisfy minimum yard setbacks, lot area or any other area and bulk requirements for any development rights which are to be retained for any other development.
(5)
Retained development rights may not exceed an average density of one dwelling unit per 20 acres. Notwithstanding the foregoing, sending area tracts existing at the time of adoption of this Part which are less than 20 acres in gross area may transfer development rights under this chapter provided such sending area tract retains only one development right.
(6)
For each retained development right on parcels greater than 20 acres in gross area, traditional farm/estate building groupings may be developed with, in addition to one primary residence, customary accessory agricultural structures and one tenant residence which shall be less than 50% of the total habitable square footage of the primary residence. In order to be utilized, this option must be specified in the restrictive covenants and on the plan(s) submitted for the sending tract(s) in accordance with Paragraph D.(5) above.
(7)
All owners of the tract from which development rights are severed shall execute the deed and conservation easement. All lien holders of the tract from which development rights are severed shall execute a joinder and/or consent to the deed and conservation easement.
§ 27-2404 Receiving Area Qualifications and Calculations.
[Ord. 162, 6/12/2002, § 2404; as amended by Ord. 214, 7/13/2011, § 7; and by Ord. 219, 7/24/2012, § 7]
1.
Owners of tracts which meet the following requirements may use development rights that are purchased from sending area landowners:
A.
Receiving Area Qualifications. The receiving tract of land shall be located in the LR, MR, HR, GC, GI, or PO Zoning Districts. Density and/or intensity of development on receiving tracts may be increased through the use of TDRs where approved as a conditional use in accordance with the provisions of Paragraph B., below, as applicable.
B.
Provision for Transfer of Development in Receiving Areas.
(1)
Conventional Residential TDR Transfer.
(a)
Increase in Permitted Density. Under the open space design option (OSDO), subject to conditional use approval, the density multipliers stipulated in § 27-904.2 may be increased through receipt of transferred development rights as follows:
1)
In the LR District, the multiplier may be increased to 0.9.
2)
In the MR or HR Districts where public sewer or water is not provided, the multiplier may be increased to 1.1.
3)
In the MR or HR Districts where public sewer and water is provided, the multiplier may be increased to 2.0; except as provided in subclauses 4) and 5) below, as applicable.
4)
In the MR or HR Districts where public sewer and water is provided, and where multi-family dwellings are provided, the multiplier may be increased to 4.0 on that portion of any tract devoted to multi-family dwellings.
5)
In the HR District only, where public sewer and water is provided, and where a mobile home park is to be developed, the multiplier may be increased to 5.0 on that portion of any tract devoted to a mobile home park development.
(b)
Where public sewer and water is provided, any applicable multiplier may be further increased up to 30% for that portion of any development to be devoted to age-restricted housing. For example, if the otherwise applicable multiplier were 2.0, it could be increased to 2.6 for purposes of developing age-restricted housing. Calculation of permitted density shall otherwise comply with the provisions of § 27-904.2.
(c)
Calculation of Received Development Rights. The incremental increase in density above that provided for in the base zoning district must be fully accounted for through proof of purchase and transfer of development rights in accordance with the provisions of this Part. While development rights severed in the sending districts shall be calculated by multiplying gross acreage times 0.51, received development rights, used to account for the incremental increase in density above the base density calculated using the open space design option (OSDO) in the base zoning district, may be converted from sending rights as follows:
1)
Received rights used for development of single-family detached dwellings may be converted from purchased sending rights at a rate of 1.25 received rights or dwelling units per development right purchased from the sending parcel(s), or at a rate of 1.50 dwelling units per development right purchased from the sending parcel(s) where all such dwelling units are age-restricted residences.
2)
Received rights used for development of two-family dwellings may be converted from purchased sending rights at a rate of 1.5 received rights or dwelling units per development right purchased from the sending parcel(s), or at a rate of 1.75 dwelling units per development right purchased from the sending parcel(s) where all such dwelling units are age-restricted residences.
3)
Received rights used for development of multi-family dwellings may be converted from purchased sending rights at a rate of 2.0 received rights or dwelling units per development right purchased from the sending parcel(s), or at a rate of 2.25 dwelling units per development right purchased from the sending parcel(s) where all such dwelling units are age-restricted residences.
4)
Received rights used for development of mobile home units in a mobile home park may be converted from purchased sending rights at a rate of 2.5 mobile home units per development right purchased from the sending parcel(s), or at a rate of 2.75 mobile home units per development right purchased from the sending parcel(s) where all such mobile home units are age-restricted residences.
The ratios for conversion of sending rights to received rights shall not affect the maximum incremental density increase through use of TDRs stipulated in Subsection B.(1)(a), above. |
(d)
Minimum Required Open Space. For each 10% increase in gross density over the base density permitted under the open space design option (OSDO), the applicable minimum open space requirement under the OSDO may be reduced 2.5%, measured as a percentage of gross tract area. In no case shall the minimum required open space be reduced below 25% of gross tract area.
(e)
All residential development using transferable development rights must comply with all requirements and design standards applicable to the open space design option (OSDO) except as specifically provided in this Part.
(2)
Special Use TDR Transfer. Subject to conditional use approval in the GC, GI or PO Districts, for any permitted use, maximum impervious cover and/or maximum height may be increased over that stipulated in the applicable base zoning district through receipt of transferable development rights as provided below. Eligibility for either increased impervious coverage or increased floor-area requiring an increase in the height limit, shall require that a minimum of five transferable development rights are secured. Calculation of either increased impervious coverage or increased floor area shall be independent one from the other, each requiring receipt of separate additional development rights.
(a)
Impervious coverage may be increased 5,000 square feet for each development right received. The maximum increase in impervious coverage shall be limited to 35% of the available coverage under the applicable base zoning district provisions, and shall be subject to a preliminary soils report submitted by the applicant at the time of such impervious coverage increase request which adequately demonstrates to the Township that the development, including any proposed impervious coverage increases, will comply with stormwater management plan requirements of the East Vincent Township Subdivision and Land Development Ordinance [Chapter 22]. The Township reserves the right to request on-site testing to be performed by the applicant at his or her expense prior to granting an impervious coverage increase request to verify the preliminary soils report conclusions. Any development site where impervious coverage limitations have been increased through use of received development rights shall be ineligible for waivers of the stormwater management plan requirements of the East Vincent Township Subdivision and Land Development Ordinance [Chapter 22] based on the grant of such increased coverage.
(b)
Maximum height may be increased such that any floor area dependent upon the increased height may be permitted at a rate of 2,500 square feet for each development right received. Increased height shall be limited such that the total height of any building shall not exceed 3 1/2 stories or 50 feet.
(3)
CMU Developments. For CMU developments approved as conditional uses in the CMU Zoning District, the TDR provisions of § 27-2705.4K shall apply instead of those in Paragraph B above.
§ 27-2405 Plan Submittal Process.
[Ord. 162, 6/12/2002, § 2405]
1.
All applicants for use of transferable development rights shall submit a conditional use application in accordance with the provisions of Part 19. In addition, applicants shall submit:
A.
A deed (or deeds) of transferable development rights, along with accompanying documentation as required under § 27-2403D, or an agreement of sale for all development rights proposed to be purchased from the sending area tract(s). The applicant must prove purchase of the appropriate number of development right(s), up to the maximum additional increment calculated as above.
B.
A plan note or chart indicating the total extent of development proposed on the receiving area tract, the total extent of development that could be built not using TDRs, and the incremental difference between the two.
C.
Where developments rights are proposed to be purchased and have been secured by agreement of sale, but where no deed (or deeds) of transferable development rights, nor accompanying documentation as required under § 27-2403D, have been recorded, applicant shall demonstrate to the satisfaction of the Township that the requirements of this Part can ultimately be met. Compliance with § 27-2403D prior to final subdivision or land development approval shall be a condition of conditional use approval.
D.
A title search of the tract(s) from which the transferable development rights will be transferred sufficient to determine all owners of the tract and all lien holders. If the development rights have previously been severed from the tract in the sending area, a title search of the rights set forth in the deed (or deeds) of transferable development rights sufficient to determine all of the owners of the development rights and all lien holders shall be furnished to the Township.
2.
In order to receive final plan approval, the applicant must provide documentation that appropriate restrictive covenants have been recorded for all sending area lands whose development rights are being used by the applicant. These restrictive covenants must meet the requirements of this Part. The restrictive covenant on the sending area land shall be recorded first, followed by a deed of transfer, in accordance with the provisions of the Pennsylvania Municipal Planning Code, as amended, 53 P.S. § 10101 et seq., which transfers the development rights from the sending area landowner to the receiving area landowner.
§ 27-2406 Public Acquisition.
[Ord. 162, 6/12/2002, § 2406]
East Vincent Township may purchase development rights and may accept ownership of development rights through transfer by gift. All such development rights may be resold or retired by the Township. Any such purchase or gift shall be accompanied by restrictive covenants as specified above.
§ 27-2407 Amendment and/or Extinguishment.
[Ord. 162, 6/12/2002, § 2407]
The Township reserves the right to amend this Part in the future, and the Township expressly reserves the right to change the manner in which the number of development rights shall be calculated for a tract in the sending area and the manner in which development rights can be conveyed. The Township further expressly reserves the right to terminate its transferable development rights program at any time. No owner of the land or owner of development rights shall have any claim against the Township for damages resulting from a change in this Part relating to the regulations governing the calculation, 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 the ordinance abolishing the transferable development rights program unless an application in conformity with the provisions of this Part 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 such rights is thereafter filed within six months from the date of such approval.
