[Ord. 2013-01, 2/11/2013]
The primary purpose of establishing a program for transferable
development rights (TDRs) is to permanently preserve prime farmland,
sensitive natural areas, and scenic open spaces within designated
areas of Douglass Township. Further, in lieu of developing such lands,
landowners shall be permitted to convey their development rights to
other persons or entities who are granted incentives hereunder to
further development in designated receiving areas.
[Ord. 2013-01, 2/11/2013]
1. The provisions of this Zoning Ordinance which permit TDRs allow landowners
in areas of Douglass 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 other public or private
entities or individuals who may hold ("bank") such rights, retire
them or, pursuant to this chapter, use them or convey them for use
for additional development in areas of Douglass Township designated
for TDR receipt. 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.
A. When landowners in the sending area sever their right to develop
all or a portion of their land, they must restrict that portion of
land from which TDRs are severed against any future development as
provided in this chapter, although the land may still be used for
purposes that do not involve residential, commercial, industrial or
institutional development, such as open space, agriculture or forestry
and uses customarily accessory thereto. When owners of sites eligible
for TDR receipt acquire TDRs which have been severed by landowners
in the sending area, they receive the right to increase the density
or extent of development as provided below. The monetary value of
TDRs is completely determined between the seller and buyer.
B. Deed restrictions imposed on any lands in the sending area upon severance
of TDRs shall not prohibit the landowner's sale of such lands
after the TDRs have been severed, subject to the recorded restrictions.
Restrictive covenant(s) or conservation easement(s) established on
the lands from which TDRs have been severed shall benefit or run in
favor of Douglass Township and/or another governmental entity and/or
a conservation organization approved by the Township.
C. The owner of the lands in the sending area from which TDRs are severed,
or any subsequent party to whom TDRs may be conveyed, may declare
the TDRs for sale, may hold the TDRs or may convey the TDRs to any
other party. The only use which may be made of the TDRs is the ultimate
transfer to development at eligible TDR receiving sites. Notwithstanding
anything to the contrary, Douglass Township shall have no obligation
of any kind to hold, to purchase or to own any TDRs which have been
severed from any lands in the sending area.
[Ord. 2013-01, 2/11/2013; as amended by Ord. 2013-05, 10/14/2013,
§ 1]
1. Owners of any lands which meet the following requirements may sever
and sell or convey their TDRs:
A. Sending Area Qualifications.
(1)
The sending area lot or lots from which TDRs are to be severed,
shall be located within the RC-Rural Conservation District and shall
comprise a minimum 20 gross acres.
(2)
The sending area lot or lots shall be restricted from future development in accordance with §
27-803, Subsection 1E, below.
B. Calculation of TDRs.
(1)
The total number of TDRs available for severance from an eligible
sending lot shall be determined by multiplying the Net TDR Area, as
set forth below, measured in acres, by 0.33.
(2)
The net TDR area shall be established as the lot area LESS the
following exclusions:
Calculation of Net TDR Area Exclusions from Lot Area
|
---|
|
Features and Resources Present
|
Area of Resource (acres)
|
Exclusion Factor
|
Area to be excluded (acres)
|
---|
a.
|
Existing street, utility, municipal or stormwater rights-or-way
or easements
|
|
x 1.00
|
|
b.
|
Common open space or other lands restricted by easement or deed
restriction from further development
|
|
x 1.00
|
|
c.
|
100-year FEMA Floodplain
|
|
x 1.00
|
|
d.
|
Hydric Soils as defined in the Soil Survey of Berks County
|
|
x 0.30
|
|
e.
|
Soils in slope categories exceeding 25%
|
|
x 0.75
|
|
Total Area to be Excluded = Sum of a Through e =
|
(3)
Area falling into more than one exclusion category shall only
be excluded once at the most restrictive applicable exclusion factor.
(4)
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.
(5)
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 lower whole number.
(6)
Any owner of eligible sending area lands may elect to request
that the Township determine the number of TDRs that may be severed
from lands owned within the sending area, based on application of
the provisions of paragraph .B and pursuant to the following:
(a)
The landowner seeking Township calculation of available TDRs
shall make application on a form provided by the Township.
(b)
The landowner shall provide a metes and bounds description of
the sending lot or lots from which the TDRs may be severed and a plot
plan or survey thereof, showing total acreage of the sending lot(s);
areas of the sending lot(s) subject to easements in favor of governmental
agencies, utilities and nonprofit corporations; and any area of the
sending lot(s) restricted against development by covenant, easement
or deed restriction.
C. Endorsement of TDRs to Be Severed. Any owner of eligible sending
area lands, wishing to sever available TDRs, prior to recording a
deed of transferable development rights pursuant to paragraph .D below,
shall request and receive written and signed endorsement of the rights
to be severed by the Douglass Township Board of Supervisors. Such
endorsement shall not be unreasonably withheld upon receipt by the
Township of all information necessary for accurate determination of
the validity of the proposed severance. The landowner seeking endorsement
shall make written application on a form provided by the Township
and shall additionally provide all of the following:
(1)
Where not previously submitted pursuant to paragraph .B(6) above,
a metes and bounds description of the sending lot or lots from which
the TDRs may be severed and a plot plan or survey thereof, showing
total acreage of the sending lot(s); areas of the sending lot(s) subject
to easements in favor of governmental agencies, utilities and nonprofit
corporations; and any area of the sending lot(s) restricted against
development by covenant, easement or deed restriction.
(2)
Documentation of calculation of available TDRs pursuant to paragraph
.B above.
(3)
Where a landowner requests endorsement of severance of less
than all of the TDRs which may be attributable to the sending lot(s),
the portion of the sending lot(s) from which severance of TDRs is
intended shall be clearly identified on a plan of the entirety of
the sending lot(s), drawn to scale, the accuracy of which shall be
satisfactory to the Township. Such plan shall also include a notation
of:
(a)
The number of TDRs attributable to the entirety of the sending
lot(s).
(b)
The number of TDRs attributable to the identified portion of
the sending lot(s) from which TDRs are to be severed.
(c)
The number of TDRs which remain available to the remaining portion
of the sending lot(s).
(4)
A title search of the sending lot(s) from which the TDRs will
be severed sufficient to determine all owners of the sending lot(s)
and all lienholders prepared by a title insurance company licensed
in the Commonwealth of Pennsylvania, together with a commitment to
insure title to the TDRs or prepared and certified by an attorney
licensed by the Commonwealth of Pennsylvania.
(5)
A copy of the proposed deed of transferable development rights
and a copy of the proposed declaration of restriction of development,
as regulated by this Part.
D. Severance of TDRs.
(1)
Severance of TDRs shall be effected by duly recording a deed
of transferable development rights in the Office of the Berks County
Recorder of Deeds. The deed of transferable development rights shall
specify the lot or lots from which TDRs have been severed and the
party(ies) who own the TDRs upon their severance, whether retained
by the owner(s) of the lands from which the rights have been severed,
or conveyed to any other party.
(2)
Simultaneously with the recording of any deed of transferable
development rights, or prior thereto, restrictive covenant(s) or conservation
easement(s), which shall permanently restrict development of the sending
area lands as provided in paragraph .E below, also shall be recorded
in the Office of the Berks County Recorder of Deeds. Subsequent sale
or conveyance of any recorded deed of transferable development rights
shall clearly indicate the deed record of the pertinent restrictive
covenant(s) or conservation easement(s) and shall be in form and substance
satisfactory to the Township Solicitor.
(3)
Notwithstanding anything to the contrary, the Township shall
have no duty to recognize any deed of transferable development rights
for any purpose and shall not credit, enhance, or increase density
or development capability of any land within designated receiving
districts based on any deed of transferable development rights that
does not contain the signed endorsement of the Township. The Township
may, in its discretion, request an update of the title search required
by paragraph .C(4) above if there has been a delay in presentation
of the deed of transferable development rights for recordation after
prior endorsement of the number of TDRs to be severed from the applicable
lot(s) in the sending area pursuant to paragraph .D above.
(4)
Subsequent sale or conveyance of any recorded deed of transferable
development rights or portion thereof shall clearly indicate the deed
record of the original deed of transferable development rights effecting
the severance of the TDRs and any intervening sale or conveyance.
E. Sending Area Restrictive Covenant(s). Any sending area lands from
which TDRs have been severed must be permanently restricted from future
development by restrictive covenant(s) or conservation easement(s)
which meet the following requirements:
(1)
The restrictive covenant(s) or conservation easement(s) shall
permanently restrict the lands from future development for any purpose
other than principal or accessory agricultural uses, forestry, public
park or recreational lands, conservation areas and similar uses. Structural
development for such permitted uses shall be permitted subject to
compliance with the regulations set forth in the base zoning district
and, if applicable, conformance with any pre-existing restrictive
covenant(s) or easement(s).
(2)
The restrictive covenant(s) or conservation easement(s) shall
be approved by Douglass Township, in consultation with the Township
Solicitor.
(3)
The restrictive covenant(s) or conservation easement(s) shall
designate Douglass Township, and/or a bona fide conservation organization
or governmental agency acceptable to Douglass Township at its sole
discretion, as the beneficiary/grantee.
(4)
The restrictive covenant(s) or conservation easement(s) shall
apply to the lot or lots from which TDRs are severed (sending area
lands) and the acreage which is restricted.
(5)
All owners of any legal or beneficial interest in the lands
from which TDRs are severed shall execute the restrictive covenant(s)
or conservation easement(s). All lienholders of the lands from which
TDRs are severed shall execute a joinder and/or consent to the restrictive
covenant(s) or conservation easement(s).
[Ord. 2013-01, 2/11/2013]
1. TDRs may be utilized to enhance development opportunities in accordance
with specific TDR receiving opportunities within the RR (those portions
of the RR District as identified by an overlay on the Official Zoning
Map), RS, SD, VC, HC, LI and GI Zoning Districts in accordance with
the following. Development not utilizing receipt of TDRs within said
zoning districts 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. Age-Restricted Residential Development. Where approved as a conditional use, age-restricted residential development shall be permitted in any zoning district except the RC, LI and GI Districts in accordance with the standards set forth in §
27-767, notwithstanding the otherwise applicable limitation set forth therein to such development only in the RS District and in accordance with the following:
(1)
Except as provided in paragraph .A(6) below, in any permitted
district other than the RS District, a minimum of 20 TDRs shall be
received as a condition of utilization of this development option.
The 20 TDRs meeting this qualifying condition may be used to earn
increased density or increased building or impervious coverage. In
the RS District, no such qualifying condition shall apply.
(2)
Conditional use approval shall only be granted where extension
of public sewer and water services, if necessary, is approved at the
sole discretion of the Township.
(3)
Except as provided in paragraph .A(6) below, where the density
exceeds three dwelling units per acre, including in the RS District,
additional units may be accommodated through receipt of one TDR per
each two age-restricted dwelling units above the number that would
be accommodated by the base density limitation of three units per
acre, up to a maximum total density of four units per acre.
(4)
Maximum building coverage may be increased above a base maximum
of 20% to a maximum of 30% in accordance with paragraph .F, below.
(5)
Maximum impervious coverage may be increased above a base maximum
of 30% to a maximum of 45% in accordance with paragraph .F, below.
(6)
Apartments. In any district, including the RS District, where
a minimum of 30 TDRs are received, age-restricted residential development
may include apartment dwellings in addition to or instead of single-family
detached, single-family semi-detached or single-family attached dwellings,
subject to the following:
(a)
Where at least 25% of the dwellings in the age-restricted Residential
Development are apartments, the maximum total density may be increased
to six dwelling units per acre.
(b)
As set forth in paragraph .A(3) above, density above three dwelling
units per acre shall be accommodated through receipt of TDRs, except
that age-restricted apartment dwellings units may be accommodated
through receipt of one TDR per each three apartment dwellings.
(c)
Where apartment dwellings are provided, the maximum building
height may be increased above a base maximum of 30 feet to a maximum
of 50 feet in accordance with paragraph .F, below.
B. Conventional Development of Single-Family Dwellings. Conventional
lot by lot development of single-family dwellings may occur at enhanced
density in the RR and RS districts where public or community sewerage
and public water service is provided and where a minimum of five TDRs
are received as follows:
(1)
The minimum individual lot size may be decreased to 20,000 square
feet in the RR District and 15,000 square feet in the RS District.
(2)
For each single-family dwelling developed in addition to the
number of dwellings that could have been developed at the minimum
lot size stipulated in the base RR or RS District, as applicable,
one TDR shall be received. TDRs received for additional dwelling units
may be used to meet the five TDR qualifying condition for this development
option.
(3)
The applicant shall submit a sketch plan satisfactory to the
Township demonstrating the number of single family dwellings that
could have been developed had the minimum lot size remained as stipulated
in the base RR or RS District, as applicable.
(4)
All area, bulk and design standards otherwise applicable in
the subject zoning district shall apply with the exception of lot
width which shall be reduced to a minimum of 80 feet in line with
the lot size reductions specified above.
C. Cluster Development of Single-Family Dwellings. Cluster development
of single-family dwellings may occur at enhanced density in the RR
and RS Districts where public or community sewerage and public water
service is provided and where a minimum of five TDRs are received
as follows:
(1)
The overall density of the development shall be no greater than
that which would be permitted for conventional development.
(2)
For each single family dwelling developed in addition to the
number of dwellings that could have been developed in a conventional
subdivision with a minimum lot size as stipulated in the base RR or
RS District, as applicable, one TDR shall be received. TDRs received
for additional dwelling units may be used to meet the five TDR qualifying
condition for this development option.
(3)
The applicant shall submit sketch plans satisfactory to the
Township demonstrating the number of single family dwellings that
could have been developed in conventional subdivisions:
(a)
With a minimum lot size as stipulated in the base RR or RS District,
as applicable.
(b)
With a minimum lot size of 20,000 square feet in the RR District
and 15,000 square feet in the RS District. The difference between
the number of units permitted under the two plans shall be the maximum
increment of additional dwellings that may be developed through receipt
of TDRs.
(4)
The following standards set forth in Part
6 of this chapter may be modified as follows:
(a)
Minimum individual lot area (gross): 12,000 square feet.
(b)
Minimum lot width: 80 feet.
(c)
Minimum building setback: 25 feet.
(d)
Minimum side yard: total: 20 feet.
(e)
Minimum side yard: one side: 10 feet.
(f)
Common open space (development): 35%.
(g)
Maximum impervious coverage: 50%.
(5)
All other standards set forth in Part
6 of this chapter and any other standards otherwise applicable in the subject zoning district shall apply.
D. Development of Multi-family Dwellings. Multi-family development as permitted in accordance with §
27-730 may occur in the RS District with enhanced density, and in the RR District, subject to conditional use approval and upon receipt of TDRs as follows:
(1)
The overall density of development for apartments may increase
from the base maximum density of four dwelling units per acre to a
maximum of six units per acre, subject to receipt of TDRs as provided
below.
(2)
The overall density of development for townhouses may increase
from the base maximum density of three dwelling units per acre to
a maximum of 4 1/2 dwelling units per acre, subject to receipt
of TDRs as provided below.
(3)
The incremental increase in density above the base maximum density
shall be justified by receipt of TDRs at a rate of 2.5 apartments
per TDR received and 1.5 townhouses per TDR received.
(4)
Other than density as provided herein, the standards set forth in §
27-730 shall apply to development in both the RS and RR districts.
E. Development of Multiple Principal Uses. In the VC, HC, LI and GI
Districts, development of more than one principal use on a single
lot, where provided in the applicable district, shall be permitted
where one TDR is received for each principal use beyond the first.
Apartments above commercial or office space, where permitted in any
district, shall not require receipt of additional TDRs, except where
additional building height is needed to accommodate them as provided
below.
F. Development with Increased Coverage or Height. Increased building
coverage, impervious coverage and building height shall be permitted
in the VC, HC, LI and GI Districts and wherever development of age-restricted
residential development is permitted, subject to the following:
(1)
Each TDR received may be used for incremental increase, in permitted
building coverage or impervious coverage or height, each measured
separately and received TDRs applied separately.
(2)
One received TDR shall permit up to 3,000 square feet of additional
building coverage or 5,000 square feet of additional impervious coverage
or 3,000 square feet of building footprint exceeding the base height
limit. Additional square footage less than the 3,000 or 5,000 square
feet allowance, as applicable, will nevertheless require one received
TDR.
(3)
The following table indicates the base level of coverage or
height permitted without receipt of TDRs and the maximum level permitted
with receipt of TDRs. The increment to be utilized above the base
must be justified through receipt of an appropriate number of TDRs.
Zoning District
|
VC
|
HC
|
LI
|
GI
|
AR*
|
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Base Building Coverage Permitted (%)
|
20
|
30
|
30
|
30
|
25
|
Max. Building Coverage Permitted (%)
|
40
|
50
|
50
|
50
|
30
|
Base Impervious Coverage Permitted (%)
|
40
|
50
|
50
|
50
|
35
|
Max. Impervious Coverage Permitted (%)
|
60
|
80
|
75
|
75
|
45
|
Base Building Height Permitted (feet)
|
35
|
35
|
35
|
35
|
30
|
Max. Building Height Permitted (feet)
|
45
|
50
|
60
|
60
|
50
|
*AR = Age-Restricted Residential Development in any district
where permitted.
|
G. Final plan approval for any land development or, where applicable,
any building permit(s) shall be conditioned upon demonstration of
receipt of sufficient TDRs recorded in a deed of transferable development
rights pursuant to this chapter.
[Ord. 2013-01, 2/11/2013]
1. All applicants for use of TDRs shall submit applicable subdivision/land
development plans and/or building permit applications as required
by Douglass Township for the use requiring TDR receipt. Any and all
plans and proposals for the use of TDR receipt shall, in addition
to meeting all other applicable provisions, include submission of
the following:
A. Note(s) on the plan indicating:
(1)
The total density in number of dwelling units, and the total
square footage of building or impervious coverage, as applicable,
permitted without receipt of TDRs.
(2)
The total density in number of dwelling units, and the total
square footage of building or impervious coverage, as applicable,
proposed with receipt of TDRs.
(3)
The incremental difference in each applicable case between the
values claimed for #a and those indicated for #b.
(4)
Where applicable, the total square footage of any portion of
a proposed building footprint where the building(s) exceed the applicable
base permitted height.
(5)
The number of principal uses.
(6)
The total number of TDRs required to be received.
B. A deed of transferable development rights or an agreement of sale
for TDRs proposed to be purchased from sending area site(s). The applicant
must prove ownership or equitable ownership of the appropriate number
of TDRs to justify the proposed density, building or lot coverage,
building height, or number of principal uses, as applicable.
C. A title search sufficient to determine the validity of the deed of
transferable development rights or that the lot(s) from which TDRs
will be transferred is/are eligible to sever the TDRs as proposed
and to determine if any other owners or lienholders may have an interest
in the TDRs.
2. In order to receive final plan approval, the applicant must demonstrate
ownership of sufficient TDRs and provide documentation that appropriate
restrictive covenants have been or are simultaneously being recorded
for all sending area lands from which TDRs have been or are simultaneously
being severed and recorded in a deed of transferable development rights
and being used by the applicant. These restrictive covenants must
meet all requirements of this chapter. In lieu of presentation of
proof of recording of the restrictive covenants, the fully executed
declaration containing the restrictive covenants may be presented
to the township when the deed of TDR is presented for endorsement,
and the Township, at the applicant's expense, shall record both
documents.
[Ord. 2013-01, 2/11/2013]
As a condition of final plan approval of any plan using TDRs,
the deed or deeds of transferable development rights for the TDRs
which have been used will be extinguished where all TDRs have been
utilized or, where less than the entirety of TDRs have been utilized,
the deed of transferable development rights shall be amended and re-recorded
to specify the number of TDRs which have been extinguished and any
number of TDRs which remain available for future use.
[Ord. 2013-01, 2/11/2013]
Douglass Township may purchase TDRs and may accept ownership of TDRs through conveyance by gift. All such TDRs may be held, resold, or extinguished by Douglass Township. Any such purchase or gift shall be accompanied by restrictive covenant(s) or conservation easement(s) as specified in §
27-803, Subsection 1E.
[Ord. 2013-01, 2/11/2013]
TDRs may be conveyed to an organization which possesses a tax
exempt status under § 501(c)(3) of the Internal Revenue
Code (26 U.S.C. § 501(c)(3)) and which has as its primary
purpose the conservation of land for historic, scenic, agricultural
or open space purposes, or to the Berks County Agricultural Preserve
Board.
[Ord. 2013-01, 2/11/2013]
Douglass Township reserves the right to modify, amend, and/or
repeal any of the provisions of this chapter regarding TDRs at any
time in the future. The Township expressly reserves the right to modify
the manner in which the number of TDRs shall be calculated in the
sending area and the manner in which TDRs may be conveyed and used
on applicable TDR receiving sites. Douglass Township further expressly
reserves the right to terminate its TDR program at any time. No owner
of the land or owner of TDRs shall have any claim against Douglass
Township for damages resulting from a change in this chapter relating
to the regulations governing the calculation, conveyance and use of
TDRs or the termination of the TDR program.