[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.
[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.
[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.
[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:
[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.
[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.
[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.
[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.
[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:
[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.
[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.
[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.
[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.
[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.
