[Ord. No. 196-2018, 9/12/2018]
In accordance with the planning goals of the Honey Brook Township
and Borough Multi-Municipal Comprehensive Plan and the purpose statements
and community development objectives set forth in Article I of this
Chapter, this Part establishes a Transferable Development Rights (TDR)
Program for Honey Brook Township. The regulations set forth herein
are intended to achieve the following specific purposes:
A.
To support the agricultural, watershed protection, and urban revitalization
goals of the Multi-Municipal Comprehensive Plan;
B.
To provide landowners in agricultural and natural resource areas
of the Township with an opportunity to permanently preserve that land
and the rural community character through the conveyance of TDRs;
C.
To provide landowners and developers in areas where growth is planned
in the Township to develop at higher densities or intensities through
the use of TDRs; and
D.
To provide landowners and developers in areas where growth is planned
in Honey Brook Borough and/or Honey Brook Township to develop at higher
densities or intensities through the use of TDRs originating in Honey
Brook Township through the terms of the Honey Brook Township and Borough
Agreement for Inter-Municipal Transfer of Development Rights.
[Ord. No. 196-2018, 9/12/2018]
A.
The provisions of this Part which permit TDRs allow landowners in
areas of Honey Brook Township proposed for conservation, called sending
areas, to voluntarily sever and sell or otherwise convey the right
to develop all or a portion of their land to public or private entities
or individuals who may hold ("bank") such rights, retire them or,
pursuant to this Chapter and the Zoning Ordinance of Honey Brook Borough,
use them or convey them for use for additional development in areas
of Honey Brook Township and/or Honey Brook Borough designated as receiving
areas. The creation of TDRs and the ability to sell and purchase them
as described below are specifically authorized under §§ 603(c)(2.2)
and 619.1 of the Pennsylvania Municipalities Planning Code, under
the terms of which development rights are acknowledged to be severable
and separately conveyable from a sending area to a receiving area.
B.
In general, where a tract of land in the A — Agricultural District
or RC — Resource Conservation District has been allocated TDRs
in accordance with the terms of this Zoning Ordinance, the owner of
such tract may, upon receiving certification of said TDRs by the Honey
Brook Township Board of Supervisors, sever some or all of the development
rights and thereupon offer them for sale or retain them. The only
subsequent use to which the severed development rights may be put
is in conjunction with the development of a tract in the Township's
or Borough's receiving areas.
C.
Where some or all development rights allocated to a property in Honey
Brook Township's A — Agricultural District or RC — Rural
Conservation District are severed, that property, or a portion thereof,
is made subject to a conservation easement permanently limiting the
use of such land to agriculture, agriculturally related uses, or open
space uses, consistent with the terms of the Honey Brook Township
Zoning Ordinance.
D.
The conservation easement placed on the land from which development
rights are severed will permit the subsequent sale of land, subject
to the terms of the conservation easement. The conservation easement
shall be granted to the Township or to a public agency, conservation
organization, or agricultural preservation organization approved by
the Board of Supervisors.
E.
Any transfer of development rights between Honey Brook Township and
Honey Brook Borough shall only be permitted if the Township and Borough
execute an agreement for intermunicipal transfer of development rights,
and any such intermunicipal transfer shall be subject to the terms
of such agreement.
[Ord. No. 196-2018, 9/12/2018]
Transferable development rights may be severed from the land
and may be sold in accordance with the following terms:
A.
Sending Area Qualifications.
(1)
The sending area tract of land shall be located within the A —
Agricultural District, or the RC — Rural Conservation District,
as designated under the terms of this Chapter.
(2)
Development rights shall be allocated only to sending area tracts
with a gross tract area of 10 acres or greater within the A —
Agricultural District.
(3)
The sending area lot or lots from which TDRs are to be severed within RC — Resource Conservation District shall comprise a minimum gross lot area of 10 acres, except for preexisting lots of record as of the date of this Part containing less than 10 acres in area, which lots shall be eligible for TDR severance in accord with § 27-703C below.
B.
Calculation of Transferable Development Rights within the A —
Agricultural District.
(1)
The total number of development rights available on a sending
area tract located within the A — Agricultural District at the
time of enactment of this Part shall be determined by the following
sequence of steps:
(a)
Determine the gross lot area of the sending tract.
(b)
Where the tract contains any of the following features, the
area comprising such feature or features shall be deducted from the
gross lot area of the sending tract:
[2]
Any area of prohibitive slope regulated by the Steep Slope Conservation District of § 27-804.
[Amended by Ord. No. 197-2019, 7/10/2019]
[3]
Any area regulated by the Riparian Corridor Conservation District of § 27-805.
[Amended by Ord. No. 197-2019, 7/10/2019]
[4]
Any area designated as a wetland, lake, or pond, except where
such area already is excluded by another feature category above.
(c)
Where the tract contains a dwelling unit or units in existence
at the time of calculation, deduct two acres of gross tract area for
each dwelling unit.
(d)
Deduct the actual area of the tract occupied by any other non-farm
development use, exclusive of any permitted rural occupation use.
Such area shall include the footprint of the building or activity
area, as well as any property line setback areas or separation distances
that would be imposed by this Chapter if the use were located on its
own separate lot.
(e)
Deduct any portion of the tract that is restricted against development
by covenant, easement, or deed restriction.
(f)
Multiply the gross lot area of the sending tract, as reduced
by the applicable deductions in Subsection B(1)(b) through B(1)(e)
above, by 0.54. This product shall be the total number of development
rights allocated to the tract.
C.
Calculation of Transferable Development Rights within the RC —
Resource Conservation District.
(1)
The total number of TDRs available for severance from a sending area tract within the RC — Resource Conservation District with at least 10 acres of gross lot area at the time of enactment of this Part shall be determined by applying the same formula outlined for the A — Agriculture district in § 27-703B(1) above, except that the multiplier in Subsection 27-703B(1)(f) shall be 0.40 for the RC — Resource Conservation District.
(2)
Preexisting legal lots of record containing less than 10 acres
in area as of the date of enactment of this Part shall be allocated
TDRs on the following basis:
(a)
All lots with gross lot area of five acres or less, with no
dwelling equals one TDR;
(b)
All lots with gross lot area of five acres or less, with one-plus
dwellings equals zero TDRs;
(c)
All lots with gross lot area of greater than five acres but
less than 10 acres, with no dwelling equals two TDRs; and
(d)
All lots with gross lot area of greater than five acres but
less than 10 acres, with one or more dwellings equals one TDR.
(3)
The lot, prior to or upon the recording of a deed of transferable development rights, shall be permanently restricted from future development pursuant to § 27-703E.
(4)
Where any preexisting legal lot(s) of record less than 10 acres in area shall be legally consolidated with one or more additional lots to form a single lot greater than 10 acres in area, upon recordation of the single consolidated lot, the consolidated lot shall be allocated one TDR per each original lot subject to the consolidation and 0.2 TDRs per acre as provided in § 27-703C(1) above, where the consolidated lot, prior to or upon the recording of a deed of transferable development rights, shall be permanently restricted from future development pursuant to § 27-703E.
D.
Where a portion, but not all, of the development rights allocated to a sending area tract are severed in accordance with the terms of this Part, any future calculation of development rights to be allocated to the tract, as determined by Subsections B and C, above, shall be reduced by the number of such development rights previously severed.
E.
The methods of calculation of development rights prescribed in this
Section shall be employed whenever the landowner proposes to sever
development rights from the tract.
F.
Where any lot severs TDRs pursuant to this Section, one available
TDR shall be retained and extinguished for each habitable structure
located on the lot or consolidated lot, as applicable. Future construction
of additional habitable structures shall require the original retention
or the purchase of one TDR per structure and shall not be subdivided
on to individual lots.
G.
Land previously restricted against development by covenant, easement
or deed restriction shall not be eligible for calculation of TDRs
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.
H.
Where calculation of available TDRs results in fractional numbers,
a fraction of 0.5 or higher shall be rounded up to the next whole
number and a fraction of less than 0.5 shall be rounded down to the
next lowest whole number.
I.
Certification of Available Transferable Development Rights.
(1)
Any owner of a sending area tract eligible for the allocation of development rights may request from the Township a determination and certification of the number of development rights available on that tract. Upon receiving such a request, the Township Planning Commission, or a subcommittee thereof, may meet with the landowner. Using the calculation methodology in § 27-703B or C, as applicable, the two parties may compute the number of development rights allocable to the subject property. The landowner may present additional information for the Planning Commission's consideration. The Township may charge a fee, established by resolution of the Board of Supervisors, to cover the administrative, technical, and information costs of this process.
(2)
Where a landowner and the Planning Commission are in agreement
on the amount of development rights allocated, the Planning Commission
shall make a recommendation to the Board of Supervisors regarding
the number of development rights available on the property.
(3)
Upon receiving a recommendation from the Planning Commission,
the Board of Supervisors shall make a final determination of the number
of development rights available on the property and shall provide
a written certification of that number to the landowner.
(4)
Any landowner dissatisfied with the Board's determination and
certification of the amount of development rights allocated to his
or her tract may appeal the action of the Board to the Township Zoning
Hearing Board.
J.
Severance of Transferable Development Rights.
(1)
Where TDRs are proposed to be severed from a property to which
they have been allocated, such development rights 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:
(a)
The tract of land within the receiving area to which the rights
shall be permanently attached (if known).
(2)
Submission of plan.
(a)
Where a landowner proposes to sever less than all of the TDRs
which may be attributable to the sending area lot(s), the portion
of the sending area lot(s) from which severance of TDRs is intended
shall be clearly identified on a plan of the entirety of the sending
area lot(s), drawn to scale, the accuracy of which shall be satisfactory
to the Township. Such plan shall also include a notation of:
[1]
The number of TDRs attributable to the entirety of the sending
area lot(s).
[2]
The number of TDRs attributable to the identified portion of
the sending area lot(s) from which TDRs are to be severed.
[3]
The number of TDRs which remain available to the remaining portion
of the sending area lot(s).
(b)
This plan shall be submitted to the Township along with the
deed of transferable development rights required by Subsection J(3)
below. Further, the identified portion(s) of the sending area lots
from which TDRs are to be severed shall be clearly identified in the
conservation easement documentation to be recorded pursuant to this
Part. It shall be the burden of the landowner requesting endorsement
of partial severance to demonstrate to the satisfaction of the Township
that the portion of the property to be subject to conservation easement
as a result of TDR severance shall meet the Township's conservation
objectives.
(3)
The deed of transferable development rights and any plan for partial TDR severance as required in Subsection J(2) above, shall be accompanied by a conservation easement that shall permanently restrict development of the sending area tract as provided in § 27-703E, above, and that shall be recorded in the Office of the Recorder of Deeds prior to the deed of transferable development rights.
(4)
All deeds of transferable development rights and conservation
easements shall be endorsed by the Township prior to recording.
(a)
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 right(s) being transferred
by the deed have not been previously severed from or prohibited upon
the sending area tract.
(b)
The title report shall be prepared no more than 10 days prior
to submission of the deed. The legal opinion of title must meet the
reasonable approval of the Township Solicitor.
(c)
If the deed of transferable development rights would entail
less than the entire number of development rights then available to
be severed, it shall also include a notation of:
[1]
The total number of development rights then available to the
entire parcel.
[2]
The number of development rights to be severed.
[3]
The number of development rights that will remain available
following the proposed transaction.
[4]
If the agreement of sale of development rights would entail
less than the entire number of development rights represented by a
recorded deed of transferable development rights, the applicant shall
indicate in the deed the disposition of the remaining development
rights.
K.
Sending Area Conservation Easement. Any sending area lands from which
TDRs are proposed to be severed must be permanently restricted from
future development by a conservation easement that meets the following
requirements:
(1)
The conservation easement shall permanently restrict the land
from future development for any purpose other than agriculture, agriculturally
related uses, public parkland, conservation areas and similar open
space uses permitted in the A — Agricultural District or RC —
Rural Conservation District applicable to the sending area lands.
The easement shall specifically prohibit the creation of lots for
non-farm dwellings on the land from which development rights are proposed
to be severed.
(2)
The conservation easement shall be approved by the Board of
Supervisors, in consultation with the Township Solicitor.
(3)
The conservation easement(s) shall apply to the lot or lots
from which TDRs are severed (sending area lands) and the acreage which
is restricted.
(4)
The conservation easement shall designate the Township, and/or
another public agency or bona fide conservation or agricultural preservation
organization acceptable to the Township at its sole discretion, as
the grantee, but shall also designate the following parties as having
separate and independent enforcement rights with respect to the conservation
easement:
(5)
Any owner of a legal and beneficial interest in the tract from
which development rights are severed shall be a party to the conservation
easement. All lienholders of the tract from which development rights
are severed shall execute a joinder and/or consent to the conservation
easement.
(6)
Final approval for any subdivision or land development plan
utilizing TDRs shall not be granted prior to the recording of the
appropriate conservation easement in the Office of the Chester County
Recorder of Deeds.
[Ord. No. 196-2018, 9/12/2018]
Owners of tracts in designated receiving areas in Honey Brook
Township that meet the following requirements may use development
rights that have been severed and transferred from sending area properties
in the Township. Owners of tracts in designated receiving areas in
Honey Brook Borough that meet applicable receiving area requirements
specified in the Borough of Honey Brook Zoning Ordinance may use development
rights that have been severed and transferred from sending area properties
in the Township. Development not utilizing receipt of TDRs shall be
limited to the extent provided in the applicable base zoning district(s).
Permitted uses, design standards, development approval procedures
and other applicable provisions shall be as set forth for the respective
zoning districts, except where otherwise specifically provided herein.
A.
Receiving Area Qualifications. Otherwise applicable densities may
be increased and area and bulk regulations modified through the use
of TDRs as part of a proposed subdivision or land development plan,
in accordance with the provisions of this Section and the applicable
zoning district, when the receiving area tract of land is located
in any of the following zoning districts:
B.
Use of Transferable Development Rights on Receiving Area Properties.
(1)
Increase in Permitted Density or Intensity of Development.
(a)
Where TDRs are proposed to be used as part of a subdivision
or land development plan in the MUR, MUC, and/or BI Districts, the
otherwise applicable maximum number of dwelling units or maximum intensity
of nonresidential use on the tract, as authorized in the respective
zoning districts, may be expanded or increased in accordance with
the limits stipulated in the zoning districts. The expanded limits
shall be based upon the number of development rights to be transferred.
(b)
Actual increases in the number of dwelling units or intensities
of use permissible on any tract shall be determined by the number
of development rights being transferred for use on the property, the
type or types of uses proposed, and compliance with all other applicable
standards of this Chapter.
(c)
The incremental increase in density or intensity of use above
that otherwise provided without the use of TDRs must be fully accounted
for through proof of purchase and transfer of the development rights
in accordance with the provisions of this Part.
(2)
Development right/dwelling unit or intensity factor equivalency.
(a)
Each development right proposed for residential use on a receiving
area tract in the MUR or MUC District, under the terms of this Chapter,
shall be equivalent to the following number of dwelling units and
shall entitle the developer to that number of additional dwellings
on the site:
[1]
1.1 single-family detached dwelling units per development right.
[2]
1.3 two-family dwelling units per development right.
[3]
1.5 single-family attached (townhouse) dwellings per development
right.
[4]
1.7 quadraplex dwelling units per development right.
[5]
2.0 apartment units per development right.
[6]
The above ratios may be increased by 50% for any dwelling units
restricted to persons over 55 years of age, and any dwelling units
qualifying as workforce housing.
(b)
Each development right proposed for residential or nonresidential
use on a receiving area tract in the MUR District, under the terms
of this Chapter, shall be equivalent to the following amount of developed
area:
(c)
Each development right proposed for residential or nonresidential
use on a receiving area tract in the MUC District, under the terms
of this Chapter, shall be equivalent to the following amount of developed
area:
(d)
Each development right proposed for nonresidential use on a
receiving area tract in the BI District, under the terms of this Chapter,
shall be equivalent to the following amount of developed area:
(e)
The developer shall be entitled to the additional development
area authorized by the number of development rights transferred, up
to the maximum residential density (Dus/acre), or maximum amounts
of impervious surface, floor area, and/or building height established
in the applicable zoning district.
(3)
Design Requirements and Modification of Area and Bulk Standards. A proposed development in the receiving area using TDRs shall comply with all requirements and design standards applicable in the base zoning district in which it is located, except as specifically provided in this Part. For any development proposing to use at least five TDRs, applicable area and bulk requirements in the base zoning district not otherwise modifiable through the provisions of § 27-704B(2) above may be modified by as much as 25% when such modification is approved as a conditional use by the Board of Supervisors. Any conditional use approval to permit such modification(s) shall be subject to the following criteria:
(c)
If the Board determines that the applicant has met his/her burden
of proof, it may grant modification(s) to the otherwise applicable
requirements. In approving modifications through the grant of a conditional
use, the Board may impose such conditions as will, in its judgement,
secure the objectives and purposes of this Chapter.
[Ord. No. 196-2018, 9/12/2018]
An applicant proposing the use of TDRs shall submit a subdivision or land development plan as required in accordance with the Township Subdivision and Land Development Ordinance, Chapter 22, for the development to which TDRs will be added. Submitted subdivision or land development plans, and/or conditional use applications, as applicable, shall, in addition to meeting all other applicable provisions, include submission of the following:
A.
A deed of transferable development rights or an agreement of sale
for all development rights proposed to be purchased from the sending
area site(s). The applicant must prove ownership or equitable ownership
of the requisite number of development right(s) to enable the proposed
additional density or intensity increase in the development plan,
up to the maximum additional increment permitted by this Part.
B.
A note on the plan showing the total number of dwelling units or
increased amount of impervious surface or floor area proposed on the
receiving area site, the total number or amount that could be built
not using TDRs, and the incremental difference between the two. This
difference represents the number of additional dwelling units or square
footage of impervious surface or floor area that could be constructed
using TDRs.
C.
If the development rights proposed for use in the receiving area
have previously been severed from a tract in the sending area, a copy
of the recorded deed of transferable development rights shall be submitted.
A title search of the rights set forth in the deed of transferable
development rights sufficient to determine all of the owners of the
development rights and all lienholders also shall be furnished to
the Township.
D.
As a requirement for final plan approval, the applicant shall provide
documentation that appropriate conservation easements have been recorded
for sending area lands in the Township from which development rights
are proposed for use by the applicant. The conservation easement restricting
the sending area tract must be recorded prior to recording of the
deed of transferable development rights, in accordance with the provisions
of the Pennsylvania Municipal Planning Code, as amended, 53 P.S. § 10101
et seq.
[Ord. No. 196-2018, 9/12/2018]
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 TDRs can be used in the Township's receiving area,
in accord with any applicable intergovernmental cooperative implementation
agreements or agreements for intermunicipal transfer of development
rights. The Township further expressly reserves the right to terminate
its participation in any multi-municipal transferable development
rights program as provided for in any such agreement for intermunicipal
transfer of development rights, and as an ordinance amendment pursuant
to such intergovernmental cooperative implementation agreement. 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 Chapter
relating to the regulations governing the calculation, transfer, and
use of development rights or the abolition of the TDR program. If
the TDR 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 TDR 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.
