Shrewsbury Township
City Zoning Code
City Zoning Code
PART 5
TRANSFERRING DEVELOPMENT RIGHTS
§ 27-501 Purpose.
[Ord. No. 2015-03, 6/3/2015]
In accordance with Article VI of the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended and reenacted, this section establishes procedures by which development rights (DR) are conveyed, applied, and recorded. Every property in the Agricultural District existing on November 10, 1976 (date of enactment of original ordinance), was granted development rights according to the chart in § 27-403.1. In addition, the parcels formerly zoned as Conservation in 1976 and rezoned as Agriculture in 2003, now qualify for DR pursuant to § 27-403. The use of, and ability to transfer, the DR serves to further the purposes of this chapter by providing a voluntary means of preserving, conserving and protecting productive agricultural land in Shrewsbury Township.
§ 27-502 Sending and Receiving Areas.
§ 27-503 Limitation of DR Transferred to Sending Areas.
[Ord. No. 2015-03, 6/3/2015]
1.
DR are not transferable to land restricted from development by covenant, or deed restriction. In the event said covenant or restriction is dissolved or rescinded, such land shall be eligible for issuance of DR.
2.
DR shall be used for the purposes allowed in the chapters dealing with DR uses and no other.
3.
In no case shall a DR be split between two parcels.
§ 27-504 Conveyance of DR from Sending Area.
[Ord. No. 2015-03, 6/3/2015]
Shrewsbury Township hereby recognizes the severability and transferability of development rights (DR) as allowed in those areas designated for the use of DR in accordance with the regulations set forth in this chapter.
1.
DR may be sold or donated to any party with or without being transferred to a specific parcel, transferred between parcels in common ownership, transferred to a receiving district, or transferred to an existing Suburban Residential Zoning District.
A.
Irrespective of § 27-504.1 above, the Board of Supervisors shall permit the owners of a tract or parcel to transfer a development right (DR) as allocated by § 27-403.1 of this chapter to a tract or parcel within the Agricultural District either owned or not owned by them provided;
(2)
The infill area is developed in accordance with infill development criteria in § 27-1404 of this chapter.
(3)
The owners of the transferee tract have established that they own as many rights as there are residential lots shown on the sketch plan for the transferee tract, as well as any additional development rights necessary to fully comply with § 27-404; and
(4)
State or federal laws or rules do not force the tract into using lots that exceed the fifty-thousand-square-foot maximum lot size.
2.
Application: Application shall be made on a form developed by the Township for such a purpose. The form shall be signed by the transferor and transferee.
A.
A copy of a deed for each development right to be sold, donated or transferred is required. The Board of Supervisors will allow the owner of a lot or parcel of land to transfer DR to a person without the DR being immediately assigned to any receiving parcel provided that the transferred DR may not be assigned to any parcel within any DR receiving area without such assignment having been approved by the Board of Supervisors. The property owner may convey one or more rights with each deed but may not convey a partial or fractional interest in such right.
3.
Following any transfer, the transferor parcel must either contain an existing dwelling or have allocated to it the right to construct at least one dwelling, unless it is being permanently joined to an adjacent lot or parcel which either contains an existing dwelling or has allocated to it the right to construct at least one dwelling.