As used in this article, the following terms shall have the
meanings indicated:
DEVELOPMENT RIGHTS
The rights of the owner of a parcel of land, under land development
regulations, to use that parcel at a particular density for residential
uses.
RECEIVING DISTRICT
A district in which the development rights of parcels in
the sending district may be used pursuant to the regulations of Worcester's
Zoning Ordinance. One or more receiving districts may be established
by separate ordinance.
RECEIVING PARCEL
A parcel of land in a receiving district on which a specified
increased density and/or intensity of use is allowed by reason of
an ordinance permitting the transfer of development rights to that
parcel.
SENDING DISTRICT
One or more districts from which the development rights of
eligible parcels may be severed pursuant to the regulations of this
chapter.
SENDING PARCEL
A parcel of land in the sending district which is eligible
for and is the subject of a transfer of development rights whereby
the owner of the parcel severs all or a portion of the right to develop
residential lots on the parcel, and on which those rights, once severed
and conveyed, are extinguished and may not be used on that parcel
by reason of the transfer of development rights.
TRANSFEREE
The person or legal entity (including nonprofit organizations
and municipalities or their agencies), including a person or legal
entity that owns property in a receiving district, which acquires
transferable development rights in any manner permitted by this article.
TRANSFER OF DEVELOPMENT RIGHTS
The procedure prescribed by this article whereby the owner
of a parcel in the sending district severs and conveys development
rights such that the development rights so conveyed are extinguished
on the sending parcel and are held by a transferee and, subject to
applicable approvals, may be used on a receiving parcel.
TRANSFEROR
The owner of a sending parcel, or the subsequent seller/grantor
of transferable development rights.
Transferable development rights shall be calculated on a sending
parcel as follows:
A. Determine the lot area of the sending parcel as defined in §
150-9, "Lot area calculation." The most accurate data available, in the opinion of the Township Engineer, shall be used to calculate lot area. For purposes of this section, the calculation of lot area shall not require a field survey to delineate wetlands, steep slopes, and other natural features, subject to review and approval by the Municipal Engineer.
(1)
Land previously restricted from development by covenant, easement
(whether of record or visible upon the ground), deed restriction,
or other legal agreement or operation of law shall not be included
in any calculation of TDRs.
(2)
Preferential tax assessment shall have no effect on the calculation
of TDRs.
B. Divide the lot area by the minimum lot size according to the parcel's
zoning. Round down to the nearest whole number.
C. Subtract one development right for each existing dwelling unit on
the sending parcel(s). For each separate parcel that has no existing
dwelling unit, subtract one development right to be retained for future
use as a dwelling unit, except in the case of the transfer of 100%
of the underlying fee interest to a government entity or 501(c)(3)
organization for use as passive open space.
D. Subtract one development right for each 1,000 square feet or less
of building footprint for all nonresidential or nonagricultural buildings
on the property, whether permitted or nonconforming.
E. The resulting number equals the number of TDRs that shall be certified
for the sending parcel.
All deeds of transferable development rights shall be endorsed
by the Township prior to recording, as required by § 619.1
of the Municipalities Planning Code. All deeds shall conform to the requirements of this section.
A. An instrument of original transfer is required when development rights
are initially separated from a sending parcel. It shall contain the
following information:
(1)
A legal description of the sending parcel prepared by a licensed
surveyor or engineer named in the instrument;
(2)
The serial numbers of the TDRs to be conveyed, as assigned on the TDR certificate described in §
150-241 above; the parcel number(s) from which the development rights are being severed; and the parcel number(s) to which the development rights are being transferred, if applicable;
(3)
A covenant indicating the number of development rights, if any,
remaining on the sending parcel.
(4)
A covenant that all provisions of the instrument of original
transfer shall run with and bind the sending parcel and may be enforced
by Worcester Township and any other party given a right of private
action under this chapter; and
(5)
Any additional information required by the Recorder of deeds.
B. A deed of transferable development rights, other than an instrument
of original transfer, need not contain a legal description of the
sending parcel.
C. Any deed of transferable development rights shall contain:
(1)
The names of the transferor and the transferee;
(2)
A covenant that the transferor grants and assigns to the transferee
and the transferee's heirs, successors, and assigns a specific number
of development rights from the sending parcel;
(3)
A covenant by which the transferor acknowledges that he or she
has no further use or right of use with respect to the development
rights being transferred;
(4)
The serial numbers of the TDRs, as assigned in the Transfer of development rights certificate described in §
150-241 above, which are being transferred in this transaction; and
(5)
Any additional information required by Worcester Township or
the Recorder of deeds.
D. All deeds submitted to the Township for endorsement shall be accompanied
by:
(1)
As to a deed of original transfer, a title search of the sending
parcel sufficient to determine all owners of the sending parcel and
all lienholders, all easements and other encumbrances, and any other
claims against the property; and a legal opinion of title, which shall
meet the reasonable approval of the Township Solicitor, affirming
that the development rights being transferred by the deed have not
previously been severed from the sending parcel.
(2)
As to a deed other than a deed of original transfer, a title
search of the development rights sufficient to establish the transferor's
legal right and ability to transfer the development rights that are
the subject of the transaction.
(3)
Every title report shall be prepared within 10 days of submission
of the deed to the Township and shall be updated by the applicant
immediately prior to endorsement of the deed by the Township.
When TDRs have been acquired or are under agreement of sale
to be acquired by a transferee and are proposed to be used in a receiving
district, the following shall apply:
A. Application materials. In addition to any material required by the
ordinance establishing the receiving district and the SALDO and Zoning Ordinance of Worcester Township, the applicant
shall submit 10 copies of:
(1)
A preliminary subdivision and/or land development plan, prepared
in accordance with the Subdivision and Land Development Ordinances
of Worcester Township. In addition to all other required information,
the preliminary plan must indicate:
(a)
That TDRs are to be used;
(b)
The base permitted density or intensity of use allowed for the
property under the Subdivision and Land Development and Zoning Ordinances
and the maximum permitted density or intensity of use permitted with
TDRs under the Zoning Ordinance; and
(c)
The number of TDRs to be applied to the project.
(2)
The deed or agreement of sale for TDRs between:
(a)
The owner of the sending parcel on which TDRs have been certified,
or the owner of TDRs that have been previously severed from a sending
parcel, as evidenced by a recorded deed of transfer of development
rights; and
(b)
The owner or equitable owner of the receiving parcel proposed
to be developed with the TDRs. The agreement may be contingent upon
approval of a final subdivision or land development plan for the receiving
parcel.
(3)
A copy of the TDR certificate.
(4)
If the transferor is not the owner of the sending parcel, a
title search on the TDRs.
B. Review, approval and recording of TDRs applied to lands within a
receiving district. No final plan for any subdivision or land development
which utilizes TDRs 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 restrictive
covenants with the customary recording information of the Office of
the Recorder of deeds of Montgomery County clearly endorsed thereon.
In lieu of presentation of proof of recording the declaration of restrictive
covenants and the deed of transferable development rights, the fully
executed declaration of restrictive covenants may be presented to
the Township with the deed of transferable development rights for
approval and endorsement, and the Township shall execute and, if the
applicant so desires, at the applicant's expense, shall record all
documents.
The Township may purchase development rights and may accept ownership of development rights through transfer by gift or devise. All such development rights may be held, resold, or retired by the Township, subject to any restrictions in the deed of transfer or gift. Any such sale, gift, or devise shall be accompanied by the applicable, approved and recorded declaration of restriction of development as specified in §
150-245 of this chapter.
Worcester Township reserves the right to amend this article
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 any sending district and the manner in which development
rights can be conveyed. The Township further expressly reserves the
right to terminate its TDR 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 article relating to the
regulations governing the calculation, transfer, or use of development
rights or the abolition of the TDR program. If the TDR program is
abolished by the Township, no party shall have the right to attach
development rights to any tract in any receiving district after the
effective date of the ordinance abolishing the TDR program unless
an application in conformity with the provisions of this article was
filed prior to the effective date of such ordinance and is thereafter
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.