New Britain Township
City Zoning Code
City Zoning Code
PART 27
OPEN SPACE REQUIREMENTS AND TRANSFERABLE DEVELOPMENT RIGHTS
§ 27-2700 Purpose.
[Ord. 8-14-1995, § 2700; as amended by Ord. 00-12-02, 12/20/2000, § 29; and by Ord. 03-04-02, 4/28/2003, § III]
The intent of this section is to establish open space and farmland preservation regulations that will preserve agricultural soils and natural resources, and which will promote groundwater recharge and reduce impervious surfaces while protecting Lake Galena.
§ 27-2701 Applicability of Open Space Standards.
[Ord. 8-14-1995, § 2701; as amended by Ord. 00-12-02, 12/20/2000, § 29; by Ord. 03-04-02, 4/28/2003, § III; and by Ord. 2015-09-06, 9/21/2015]
a.
The open space regulations specified in this Part pertain to the following minimum open space ratios which are specified elsewhere in this chapter:
[Amended by Ord. No. 2018-10-04, 10/1/2018]
Use | Minimum Open Space |
|---|---|
B2 Cluster Subdivision | 50% open space |
B3/B5 Twin and Towns Mixed Community (§ 27-1403) | 45% open space |
B8 Manufactured Homes I | 45% open space |
B9 Manufactured Homes II | 30% open space |
B10 Village House Development | 50% open space |
B11 Planned Residential Development (PRD) | 40% open space |
C2 Nursing Home | 20% passive recreation |
C5 Inpatient Drug and Alcohol Rehabilitation Center | 20% active/passive recreation |
C6 Adult Day Care | 20% passive recreation |
J31 Planned Community Center Mixed Use | 5% open space (residential) |
J32 Neighborhood Commercial Center | 30% open space |
b.
Both active and passive recreation area may be included in the required open space calculation, except as otherwise stated.
c.
Required yard areas shall not be included in the required open space calculation, unless otherwise permitted by the Board of Supervisors.
d.
Sensitive environmental areas, such as steep slopes, floodplains and other such areas whose development is regulated in Part 24, may be included in the open space calculation where left undeveloped.
e.
Parking areas, driveways or other man-made impervious surface shall not be included in the required open space calculation.
f.
Specific requirements for open space for the B2 Cluster Subdivision use are provided in Part 3.
§ 27-2702 Open Space Designation.
[Ord. 8-14-1995, § 2702; as amended by Ord. 00-12-02, 12/20/2000, § 29; by Ord. 03-04-02, 4/28/2003, § III; and by Ord. 2007-04-01, 4/26/2007]
a.
All land held for open space shall be so designated on the plans. All plans shall further designate the use of the open space or preserved land, the type of maintenance to be provided and improvement plan and schedule. Where open space abuts private property or new building lots, the edge of the open space area shall be delineated by fencing and/or buffer plantings to be approved by the Board of Supervisors.
b.
In designating use and maintenance, the following classes may be used:
1.
Lawn. A grass area with or without trees which may be used by the residents for a variety of purposes and which shall be mowed regularly to insure a neat and orderly appearance.
2.
Natural Area. An area of natural vegetation undisturbed during construction, or replanted. Such areas may contain pathways. Meadows shall be maintained as such and not left to become weed-infested. Maintenance may be minimal, but shall prevent the proliferation of weeds and undesirable plants such as honeysuckle and poison ivy. Litter, dead trees and brush shall be removed and streams shall be kept in free flowing condition.
3.
Active Recreation Area. An area designated for a specific recreational use, including but not limited to tennis, swimming, shuffleboard, play field and tot lot. Such areas shall be maintained so as to avoid creating a hazard or nuisance and provisions shall be made to perpetuate the proposed use.
4.
Passive Recreation Area. Space for outdoor recreational activities not considered active such as walking, picnicking, bird watching and other similar activities.
5.
Agricultural Area. An area to be leased for Crop Farming as defined in Part 3.
6.
Stormwater Management. No more than 30% of the open space may be used for stormwater detention or retention basins.
c.
In subdivisions or land development of tracts of land in the WS and CR Zoning Districts, the approved plans shall delineate the open space area, which shall not be subdivided nor shall it be developed or have buildings erected on it. Any of the following ownership arrangements may be used for the open space area:
1.
Fee Simple Dedication. The Township may, but shall not be required to, accept any portion or portions of the open space or preserve area.
2.
Transfer to a Private Conservation Organization. With the approval of the Board of Supervisors, an owner or applicant may transfer either the fee simple title with appropriate deed restrictions or a conservation easement to a private, nonprofit organization; provided, that the land is restricted to open space or agricultural uses only.
3.
Private Ownership With Restrictions. The land may be retained by the applicant or a private individual and may be transferred to another private individual; provided, that an appropriate conservation easement is placed upon the property restricting its use to open space or agricultural activities.
4.
Homeowners Association. The open space may be held in common ownership by a homeowners association; provided, that a conservation easement approved by the Township Board of Supervisors is provided restricting the property to open space of agricultural uses.
§ 27-2703 Ownership of Open Space.
[Ord. 8-14-1995, § 2703]
a.
Any of the following methods may be used to preserve, own or maintain open space:
1.
Dedication of easements in fee simple ownership to the Township, if accepted by the Township.
2.
Homeowners Association.
3.
Condominium Association.
4.
Transfer of fee simple title or development rights and easements to a private conservation organization or a conservation easement to the Township.
5.
Private ownership.
b.
The following specific requirements are associated with each of the various methods:
1.
Dedication to the Township. The Township may, but shall not be required to, accept an offer of a deed of dedication provided that:
2.
Homeowners Association. If a homeowner association is formed, it shall be governed according to the following:
(a)
The landowner or developer shall provide the Township with a description of the organization, including its bylaws and methods for maintaining open space, which shall be acceptable to the Township.
(b)
The organization is to be established by the landowner or developer and operating with financial subsidization by the landowner or developer, before the sale of any lots within the development.
(c)
Membership in the organization is mandatory for all purchasers of dwelling units therein and their successors.
(d)
The members of the organization shall share equitably the costs of maintaining and developing open space, in accordance with procedures established by them. If a member fails to pay his pro-rata share, then a lien against an individual property may be made in accordance with the provisions for same in the by-laws of the organization.
(e)
The organization shall be responsible for maintenance of and insurance and taxes on open space.
(f)
The organization shall have or hire adequate staff to administer common facilities and maintain the open space to the satisfaction of the Board of Supervisors.
3.
Condominium Association. The open space may be controlled through the use of condominium agreements. Such agreements shall be in conformance with the Unit Property Act of 1963. All open space land shall be held as "common element." All the requirements listed in Subsection b above shall apply (b.1, b.2, b.3, b.4, b.5, b.6) inclusive.
4.
Dedication of Easements. The Township may, but shall not be required to, accept conservation easements for public use of any portion of open space land, the title of which is to remain in the ownership of the condominium or homeowners association; provided, that:
5.
Transfer to a Private Conservation Organization or a Conservation Easement to the Township. With permission of the Township, the landowner or developer may transfer either the fee simple title with appropriate deed restrictions running in favor of the Township, or the development rights or easements, to a private, nonprofit organization among whose purposes is to conserve open space land provided that:
(a)
The organization is acceptable to the Township and is a bona fide conservation organization with perpetual existence.
(b)
The organization is chartered under the laws of the Commonwealth of Pennsylvania to administer deed restrictions limiting eventual disposition of such property for the purposes stated in their Articles of Incorporation.
(c)
The conveyance contains appropriate provisions for reverter or retransfer in the event that the organization becomes unwilling or unable to continue to function.
(d)
A maintenance agreement acceptable to the Township is entered into by the landowner or developer and the organization.
6.
Private Ownership. Open space may be privately owned only when:
§ 27-2704 Maintenance of Open Space.
[Ord. 8-14-1995, § 2704]
a.
Designated planting areas and recreation facilities within the open space areas shall be provided by the developer. A performance bond or other securities may be required to cover costs of installation in accordance with provisions of the Subdivision and Land Development Ordinance [Chapter 22].
b.
In the event that the person or organization established to own and maintain open space or any successor organization shall at any time after designation fail to maintain the open space in reasonable order and condition in accordance with any and all approved plans, the Township may serve written notice upon such person or organization, or upon the residents and owners of lots within the development from which the open space was derived, setting forth the manner in which the person or organization has failed to maintain the open space in reasonable condition and said notice shall include a demand that such deficiencies of maintenance be cured within 30 days.
c.
Unless otherwise agreed to by the Township, the cost and responsibility of maintaining open space shall be borne by the property owner, condominium association or homeowners association. If the open space is not properly maintained, the Township may assume responsibility of maintenance and charge the property owner, condominium association or homeowners association.
§ 27-2705 Purpose and Intent, Development Rights.
[Ord. 8-14-1995, as added by Ord. 00-12-02, 12/20/2000, § 29; as amended by Ord. 03-04-02, 4/28/2003, § III]
a.
Within New Britain Township, there are certain areas that because of their unique character make them worthy of special protection through this chapter. The purpose of this Part is to assist in permanently protecting the Township's natural resources and farmlands. It is the intent of the Board of Supervisors to only permit additional development opportunities in certain areas of the Township when there are concurrent benefits of additional natural resource and farmland preservation or watershed protection keeping with the intent of this chapter as set forth in § 27-102, Purpose. The adoption of this Part is not a recognition that the Township's existing densities or development opportunities are deficient, but a clear recognition that the Township's WS and CR zoning regulations can further promote and protect the unique nature of New Britain Township through the adoption of a program of transferable development rights.
b.
In accordance with §§ 603(c)(2.2), 605(4) and 619.1 of the Pennsylvania Municipalities Planning Code, a transferable development rights program is established in New Britain Township and the Township designates the WS and CR Zoning Districts as the sending areas and the I, IO and C-3 Zoning Districts as the receiving areas. The purpose of the transfer of development rights program is to preserve the existing natural resources and agricultural character of the WS and CR Zoning Districts through the transfer of development rights from the WS and CR Zoning Districts to the receiving areas of the Township.
c.
It is the further intent of the Board of Supervisors to encourage flexibility, economy and ingenuity in the development of tracts within the receiving areas of the Township.
§ 27-2706 General Standards, Development Rights.
[Ord. 8-14-1995, as added by Ord. 00-12-02, 12/20/2000, § 29; as amended by Ord. 03-04-02, 4/28/2003, § III]
a.
The transfer of development rights is a voluntary agreement under the terms of this Part 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 purchase for future use or sale or may be immediately attached to a specific parcel of land within the Township. The development rights shall be considered a separate estate in land and may be transferred subject to the limitations of this Part. Once the development rights are attached and developed as to a specific parcel of land, those rights shall run with that specific parcel in perpetuity.
b.
A purchaser of development rights who attaches those rights to a tract of land in accordance with the procedures set forth in this Part is permitted an increase, with the use of the development rights, in the intensity of development within the receiving area. The seller of the development rights receives compensation from the sale, plus the right to retain the sending land for agricultural use and other purposes. A deed restriction or restrictive covenant against future development is placed upon the land in the designated sending area from which the development rights have been severed. The price of the development rights will be determined by the willing buyer and willing seller.
c.
The deed restriction or restrictive covenant will not affect the landowners ability to sell or transfer the land after the development rights have been severed, although such land cannot 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 and/or a conservation organization approved by the Township.
d.
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 hold the development rights or may resell or retransfer 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.
e.
The Township shall have no obligation to purchase the development rights which have been severed from a tract in the sending area, although the Township may purchase and transfer or retire development rights from a tract in the sending area.
f.
A developer who purchases or receives development rights may develop a tract in the receiving areas for those uses permitted by this chapter. All applications for transfer of development rights shall be permitted only by conditional use in accordance with the procedures set forth in this Part.
§ 27-2707 Recognition of Transferable Development Rights.
[Ord. 8-14-1995, as added by Ord. 00-12-02, 12/20/2000, § 29; as amended by Ord. 03-04-02, 4/28/2003, § III]
a.
New Britain 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 Part.
b.
The Township, in accordance with the criteria set forth in § 27-2709, Number of Development Rights, shall determine the eligibility of each tract of land within the WS and CR Zoning Districts for allocation of the 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 Part, until such time as an application to utilize transferable development rights is made in accordance with the provisions of this Part and this chapter.
c.
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 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 conveyed. The Township further expressly reserves the right to terminate the transferable development rights program at any time by way of an amendment to this Part. No owner of land or owner of development rights shall have any claim against the Township for damages resulting from an amendment to this Part 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 the ordinance abolishing the transferable development rights program unless an application in conformity with the provisions of § 27-2710 herein was filed prior to the effective date of such ordinance.
§ 27-2708 Availability, Development Rights.
[Ord. 8-14-1995, as added by Ord. 00-12-02, 12/20/2000, § 29; as amended by Ord. 03-04-02, 4/28/2003, § III]
Transferable development rights are available to the owners of single or contiguous properties in single ownership where the property or contiguous properties have all of the following characteristics:
§ 27-2709 Number of Development Rights.
[Ord. 8-14-1995, as added by Ord. 00-12-02, 12/20/2000, § 29; as amended by Ord. 03-04-02, 4/28/2003, § III]
a.
The number of development rights available to the owner of an eligible property is determined as follows. From the Base Site Area, as determined under § 27-504, subtract the following areas (which have not been deducted in the calculation of the Base Site Area):
1.
All land or portions thereof subject to a deed restriction, conservation easement or other easement, restriction or covenant against further development and in favor of any government agency, nonprofit conservancy or corporation, person, partnership, corporation or other legal entity.
2.
All land or portions thereof which the development rights have been sold or transferred.
3.
All land or portions thereof subject to any utility easement including, but not limited to, easements for roads (ultimate rights-of-way), gas, sewer, petroleum, electrical transmission or telecommunication.
4.
All land or portions thereof included in floodplains, floodplain soils, water-courses, lakes, ponds, wetlands and waters of the Commonwealth.
5.
All land or portions thereof which have been restricted from development by the terms or conditions of an approved land development plan, subdivision plan or other agreement which restricts the property from further development.
6.
All land or portions thereof which have been used to meet open space, resource protection, stormwater management or recreational requirements of an approved subdivision or land development plan.
7.
All land or portions thereof which contain existing dwellings or nonresidential buildings/uses, in which event, 1 1/2 acres shall be subtracted for each dwelling unit. The lot area needed to comply with the lot area, building coverage, impervious surface and dimensional requirements, as defined by the use or district regulations of this chapter, shall be subtracted for each nonresidential use.
b.
After the areas of land specified in Subsections a.1 through a.7 have been deducted from the Base Site Area, the resulting net acreage is multiplied by one development right per acre of land.
§ 27-2710 Issuance of Development Rights.
[Ord. 8-14-1995, as added by Ord. 00-12-02, 12/20/2000, § 29; as amended by Ord. 03-04-02, 4/28/2003, § III]
Development rights may be issued in order to be transferred or sold to a person, corporation, partnership or other legal entity so designated by the landowner pursuant to the following:
a.
The applicant shall submit to the Township Zoning Officer an agreement for sale or transfer for said rights, duly executed by all parties involved.
b.
The applicant shall submit for approval by the Township a restrictive covenant which shall run with the land. The restrictive covenant shall be subject to the review by the Township Engineer and the Township Solicitor and the approval of the Board of Supervisors. The covenant shall restrict the land from which the development rights have been sold or transferred so as to comply with the following:
1.
The number and location of any additional dwelling units shall be specified in the zoning permit application. The location of the dwelling, its driveway and any septic system shall be identified. The number of additional dwelling units shall be deducted from the number of development rights calculated as available for transfer.
2.
Other buildings or structures may be permitted to be constructed for agricultural purposes only.
3.
No conversion of a proposed agricultural building to one or more dwelling units shall be permitted unless they are deducted from the number of development rights calculated as available for transfer.
4.
Land from which development rights have been sold or transferred may be used only for the following purposes:
(a)
Agriculture. Production of crops, livestock, livestock products, field crops, fruit crops, vegetable crops, grass crops.
(b)
Nursery. Nursery stock, shrubs, trees, flowers, horticultural specialties.
(c)
Accessory retail sales of agricultural products in conformance with the requirements of this chapter for Use A3 Agricultural Retail.
(d)
Preservation of the natural landscape by leaving the land and resources undisturbed in forest, field, wetland or other natural and unaltered state.
5.
No zoning permit shall be issued for other uses.
6.
No land development approval shall be granted for other uses.
7.
Land from which development rights have been sold or transferred may be subdivided into lots of not less than 10 acres and shall be subject to the use provisions of Subsection b.4.
c.
Development rights shall not be transferred and become usable until the restrictive covenant has been approved by the Board of Supervisors and has been recorded with the Recorder of Deeds of Bucks County.
d.
The land from which development rights have been transferred shall not be used to meet the open space requirements, lots, yards for any use nor may this land be used for any other purpose that would serve the further development of land including, but not limited to, fields for the land application of sewage, sewage lagoons, stormwater management facilities, utilities or other purposes.
§ 27-2711 Partial Transfers of Development Rights.
[Ord. 8-14-1995, as added by Ord. 00-12-02, 12/20/2000, § 29]
If the proposed transfer or sale of development rights would entail less than an entire tax parcel, the following regulations and procedures shall apply:
a.
The portion of the property involved in the proposed sale or transfer of development rights shall be described by metes and bounds and shall be shown on a plot plan.
b.
The portion of the tax parcel involved in the proposed sale or transfer of development rights shall be a contiguous area. To the greatest extent possible, the portion of the tax parcel involved in the proposed sale or transfer shall be contiguous to the portion of the tax parcel from which development rights had been previously sold or transferred.
c.
The requirements of § 27-2708, Availability, Development Rights, shall apply to the portion of the tax parcel involved in the proposed sale or transfer of development rights.
d.
The requirements of § 27-2709, Number of Development Rights, shall apply to the calculation of the number of development rights eligible to the property owner for the portion of the tax parcel involved in the proposed sale or transfer of development rights.
e.
At least 50% of the portion of the tax parcel involved in the proposed sale or transfer of development rights shall not contain floodplains, floodplain soils, wetlands or steep slopes as defined in this Part.
f.
The portion of the tax parcel remaining without the development rights removed after the proposed transfer or sale of development rights shall not be less than the area required for the minimum lot area for Use B1 Single-Family Detached Dwelling in the applicable zoning district.
§ 27-2712 Use of Transferred Development Rights.
[Ord. 8-14-1995, as added by Ord. 00-12-02, 12/20/2000, § 29]
Development rights may be used only in the zoning districts and for the uses designated in this Part as being eligible to receive and use transferred development rights. No transferred development rights may be used in zoning districts unless specifically permitted by this Part, nor may transferred development rights be used to increase the intensity of any use unless that increase in intensity is specifically permitted by this Part.
§ 27-2713 Recording of Transferred Development Rights.
[Ord. 8-14-1995, as added by Ord. 00-12-02, 12/20/2000, § 29]
Development rights shall be recorded in the Bucks County Recorder of Deeds Office in accordance with the regulations of that office. All transfers and recordings shall be conveyed and recorded in full compliance with § 619.1, Transferable Development Rights, of the Pennsylvania Municipalities Planning Code, as amended.