[Ord. 162, 6/12/2002, § 2401]
The primary purposes of transferable development rights (TDR)
are to promote the health, safety, and general welfare of East Vincent
Township residents by permanently preserving prime farmland, sensitive
natural areas, and rural community character that would be lost if
the land were developed. In addition, this Part is intended to protect
property rights by allowing landowners whose land is intended for
preservation to transfer their rights to develop to other areas of
East Vincent Township deemed appropriate for higher density development
based on the availability of community facilities and infrastructure.
[Ord. 162, 6/12/2002, § 2402]
1.
The provisions of this chapter which permit transferable development
rights allow landowners in areas of East Vincent Township proposed
for conservation, called sending areas, to sell the right to develop
all, or a portion of their land to landowners in areas of East Vincent
Township proposed for additional development, called receiving areas.
The transferable development rights provisions set forth below are
specifically authorized under §§ 603(c)(2.2) and 619.1
of the Pennsylvania Municipalities Planning Code, 53 P.S. §§ 10603(c)(2.2),
10619.1, under the terms of which development rights are acknowledged
to be severable and separately conveyable from a sending area to a
receiving area.
2.
When landowners in the sending area sell their right to develop all
or a portion of their land, they must restrict that portion of land
from which development rights are sold against any future development
as provided in this chapter, although the land may still be used for
purposes that do not involve development, such as agriculture or forestry.
When landowners in the receiving area buy the development rights from
landowners in the sending area, they receive the right to build more
homes on their land than they would have been allowed had they not
purchased development rights.
3.
Deed restrictions imposed in the sending area will not affect the
landowner's ability to sell the land after the development rights
have been severed, although such land cannot ever be used for development
purposes. The deed restriction on the land from which the development
rights have been severed shall run in favor of the Township or an
approved conservation organization.
4.
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 declare the development rights for sale, may
hold the development rights or may resell 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. The Township
shall have no obligation to purchase the development rights which
have been severed from a tract in the sending area.
[Ord. 162, 6/12/2002, § 2403; as amended by Ord. 234, 2/7/2018, § V]
1.
Owners of tracts which meet the following requirements may sell their
development rights:
A.
Sending Area Qualifications.
(1)
The sending area tract(s) of land shall be located within the
AP or RC Zoning Districts.
(2)
By the time of severance of development rights from the sending
area tract, at least 80% of the sending area tract must be restricted
from future development in accordance with subsections Paragraphs
D and E below.
(3)
The land within the sending area tract to be restricted shall
be contiguous, shall generally be of a regular configuration, and
shall not extend less than 100 feet in the narrowest dimension at
any point, except where infeasible due to the pre-existing configuration
of the tract from which development rights may be sent.
(4)
The portion of the sending area tract which will not be restricted
shall be usable for the exercise of the retained development right(s)
under the use, area, dimensional, performance, and other applicable
standards of this chapter.
B.
Calculation of Transferable Development Rights.
(1)
The total number of development rights available to be severed
from a sending area tract shall be determined by multiplying the gross
tract area, minus a percentage of any constrained lands as required
in Subparagraph (4) below, by 0.51, subtracting from such product
the number of retained development rights. Products resulting in fractions
may be rounded to the nearest whole number; fractions of one-half
may be rounded up.
(2)
Development rights previously severed or land previously restricted
from development by covenant, easement or deed restriction shall not
be eligible for severance or transfer under this chapter and shall
be subtracted from any applicable calculation of transferable development
rights to the extent of the restriction(s)in force 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.
(3)
Any sending area tract shall retain at least one development
right, unless the tract is joined in a single deed with an adjacent
tract or tracts with retained or remaining development right(s). All
remaining development rights may be severed from the tract.
(4)
When calculating eligible development rights for the sending
area, a 50% reduction in development rights shall be made for any
portion of that area consisting of the following constrained lands:
(b)
Any area comprising wetlands under the jurisdiction of the United
States Army Corps of Engineers and/or the Pennsylvania Department
of Environmental Protection.
(c)
Any area of steep slope, as defined herein and where the ratio
of the change in elevation over the horizontal distance as measured
between consecutive two-foot contour intervals exceed 15%.
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For the purpose of development right determination, areas of
constrained lands identified in clauses (a), (b), and (c) above may
be determined by an applicant or landowner utilizing current Township
mapping, Chester County Soils Survey maps, and National Wetlands Inventory
information, unless more accurate site data is available and found
acceptable to the Township.
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C.
Declaration of Transferable Development Rights and Certification
by Township. The owner of any tract(s) in the AP or RC Districts may
elect to declare the development rights that may be severed from the
owner's land and may request a written certification from the
Township of the number of rights that may be severed, which certification
shall not be unreasonably withheld, by meeting the requirements in
Paragraphs A and B above. The form and content of the certification
shall be determined by resolution of the Board of Supervisors, but
shall in any event state that any severance of transferable development
rights shall be contingent upon satisfaction of the requirements of
this Part except Paragraphs A and B which already will have been satisfied.
D.
Severance of Transferable Development Rights.
(1)
Transferable development rights which have been severed 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 the tract or tracts
of land within eligible receiving area(s) to which the rights shall
be permanently attached or that the rights shall be transferred to
the Township, retained by the owner of the sending tract, or another
person in gross.
(2)
The deed of transferable development rights which severs the
development rights from the sending area tract(s) shall be accompanied
by restrictive covenants or conservation easements suitable in form
and substance to the Township Solicitor which shall permanently sever
and eliminate the transferred development right from the sending area
tract(s) as provided in Paragraph E below and which shall be recorded
in the Office of the Recorder of Deeds at the same time as or prior
to the deed of transferable development rights.
(3)
All deeds of transferable development rights and restrictive
covenants or conservation easements shall be endorsed by the Township
prior to recording, which endorsement shall not be unreasonably withheld.
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 rights being transferred by
the deed have not been previously severed from or prohibited upon
the sending area tract. A title report should be prepared within 10
days prior to submission of the deed and the legal opinion of title
must meet the reasonable approval of the Township Solicitor.
(4)
The severance of development rights from a sending area tract shall not affect the ability of the tract owner to develop the tract's existing historic structures under the provisions for renovation and reuse of historic structures in Part 14 of this chapter.
(5)
The deeds and covenants or conservation easements shall be accompanied
by a map or plan of the sending area tract, drawn to scale, the accuracy
of which shall be satisfactory to the Township. Such plan shall include
a notation of (a) the number of development rights applicable to the
sending area tract, (b) the number of development rights retained
and shall graphically represent the geographic extent and applicability
of the conservation restrictions as well as the general future location(s)
available for the use of any retained development rights.
(6)
If less than all of the development rights eligible for transfer
hereunder are to be transferred, the applicant shall indicate in the
Deed the disposition of the remaining development rights.
E.
Sending Area Conservation Restrictions. Any sending area tract from
which development rights have been severed must be permanently restricted
from future development by restrictive covenant(s) or by a conservation
easement which meets the following requirements:
(1)
Except to the extent that any development rights are retained,
the restrictive covenant shall permanently restrict the land from
future development for any purpose other than agricultural uses, public
park land, conservation areas and similar uses.
(2)
The restrictive covenant(s) or conservation easement(s) shall
be approved by the Board of Supervisors of East Vincent Township,
in consultation with the East Vincent Township Solicitor. Final plan
approval for any plan utilizing transferred development rights shall
be conditioned upon the recording of the deed of transferable development
rights and the restrictive covenant(s) or conservation easement(s)
at the Chester County Recorder of Deeds.
(3)
The restrictive covenant(s) or conservation easement(s) shall
designate East Vincent Township, a bona fide conservation organization
acceptable to the Township or both, at the Township's sole discretion,
as the beneficiary/grantee, and may, if the Township so elects, also
designate (a) all future owners of all or a portion of the sending
parcel, and (b) all future owners of any portion of the receiving
parcel as having separate and independent enforcement rights with
respect to the restrictive covenant(s) or conservation easement(s).
(4)
The restrictive covenant(s) or conservation easement(s) shall
apply to the sending area tract from which development rights are
sold, and shall specify the number of development rights to be severed
as well as any to be retained. No portion of the sending area tract
used to calculate the number of development rights which shall be
severed shall be used to satisfy minimum yard setbacks, lot area or
any other area and bulk requirements for any development rights which
are to be retained for any other development.
(5)
Retained development rights may not exceed an average density
of one dwelling unit per 20 acres. Notwithstanding the foregoing,
sending area tracts existing at the time of adoption of this Part
which are less than 20 acres in gross area may transfer development
rights under this chapter provided such sending area tract retains
only one development right.
(6)
For each retained development right on parcels greater than
20 acres in gross area, traditional farm/estate building groupings
may be developed with, in addition to one primary residence, customary
accessory agricultural structures and one tenant residence which shall
be less than 50% of the total habitable square footage of the primary
residence. In order to be utilized, this option must be specified
in the restrictive covenants and on the plan(s) submitted for the
sending tract(s) in accordance with Paragraph D.(5) above.
(7)
All owners of the tract from which development rights are severed
shall execute the deed and conservation easement. All lien holders
of the tract from which development rights are severed shall execute
a joinder and/or consent to the deed and conservation easement.
[Ord. 162, 6/12/2002, § 2404; as amended by Ord. 214, 7/13/2011, § 7; and by Ord. 219, 7/24/2012,
§ 7]
1.
Owners of tracts which meet the following requirements may use development
rights that are purchased from sending area landowners:
A.
Receiving Area Qualifications. The receiving tract of land shall
be located in the LR, MR, HR, GC, GI, or PO Zoning Districts. Density
and/or intensity of development on receiving tracts may be increased
through the use of TDRs where approved as a conditional use in accordance
with the provisions of Paragraph B., below, as applicable.
B.
Provision for Transfer of Development in Receiving Areas.
(1)
Conventional Residential TDR Transfer.
(a)
Increase in Permitted Density. Under the open space design option
(OSDO), subject to conditional use approval, the density multipliers
stipulated in § 27-904.2 may be increased through receipt
of transferred development rights as follows:
1)
In the LR District, the multiplier may be increased to 0.9.
2)
In the MR or HR Districts where public sewer or water is not
provided, the multiplier may be increased to 1.1.
3)
In the MR or HR Districts where public sewer and water is provided,
the multiplier may be increased to 2.0; except as provided in subclauses
4) and 5) below, as applicable.
4)
In the MR or HR Districts where public sewer and water is provided,
and where multi-family dwellings are provided, the multiplier may
be increased to 4.0 on that portion of any tract devoted to multi-family
dwellings.
5)
In the HR District only, where public sewer and water is provided,
and where a mobile home park is to be developed, the multiplier may
be increased to 5.0 on that portion of any tract devoted to a mobile
home park development.
(b)
Where public sewer and water is provided, any applicable multiplier
may be further increased up to 30% for that portion of any development
to be devoted to age-restricted housing. For example, if the otherwise
applicable multiplier were 2.0, it could be increased to 2.6 for purposes
of developing age-restricted housing. Calculation of permitted density
shall otherwise comply with the provisions of § 27-904.2.
(c)
Calculation of Received Development Rights. The incremental
increase in density above that provided for in the base zoning district
must be fully accounted for through proof of purchase and transfer
of development rights in accordance with the provisions of this Part.
While development rights severed in the sending districts shall be
calculated by multiplying gross acreage times 0.51, received development
rights, used to account for the incremental increase in density above
the base density calculated using the open space design option (OSDO)
in the base zoning district, may be converted from sending rights
as follows:
1)
Received rights used for development of single-family detached
dwellings may be converted from purchased sending rights at a rate
of 1.25 received rights or dwelling units per development right purchased
from the sending parcel(s), or at a rate of 1.50 dwelling units per
development right purchased from the sending parcel(s) where all such
dwelling units are age-restricted residences.
2)
Received rights used for development of two-family dwellings
may be converted from purchased sending rights at a rate of 1.5 received
rights or dwelling units per development right purchased from the
sending parcel(s), or at a rate of 1.75 dwelling units per development
right purchased from the sending parcel(s) where all such dwelling
units are age-restricted residences.
3)
Received rights used for development of multi-family dwellings
may be converted from purchased sending rights at a rate of 2.0 received
rights or dwelling units per development right purchased from the
sending parcel(s), or at a rate of 2.25 dwelling units per development
right purchased from the sending parcel(s) where all such dwelling
units are age-restricted residences.
4)
Received rights used for development of mobile home units in
a mobile home park may be converted from purchased sending rights
at a rate of 2.5 mobile home units per development right purchased
from the sending parcel(s), or at a rate of 2.75 mobile home units
per development right purchased from the sending parcel(s) where all
such mobile home units are age-restricted residences.
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The ratios for conversion of sending rights to received rights
shall not affect the maximum incremental density increase through
use of TDRs stipulated in Subsection B.(1)(a), above.
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(d)
Minimum Required Open Space. For each 10% increase in gross
density over the base density permitted under the open space design
option (OSDO), the applicable minimum open space requirement under
the OSDO may be reduced 2.5%, measured as a percentage of gross tract
area. In no case shall the minimum required open space be reduced
below 25% of gross tract area.
(e)
All residential development using transferable development rights
must comply with all requirements and design standards applicable
to the open space design option (OSDO) except as specifically provided
in this Part.
(2)
Special Use TDR Transfer. Subject to conditional use approval
in the GC, GI or PO Districts, for any permitted use, maximum impervious
cover and/or maximum height may be increased over that stipulated
in the applicable base zoning district through receipt of transferable
development rights as provided below. Eligibility for either increased
impervious coverage or increased floor-area requiring an increase
in the height limit, shall require that a minimum of five transferable
development rights are secured. Calculation of either increased impervious
coverage or increased floor area shall be independent one from the
other, each requiring receipt of separate additional development rights.
(a)
Impervious coverage may be increased 5,000 square feet for each development right received. The maximum increase in impervious coverage shall be limited to 35% of the available coverage under the applicable base zoning district provisions, and shall be subject to a preliminary soils report submitted by the applicant at the time of such impervious coverage increase request which adequately demonstrates to the Township that the development, including any proposed impervious coverage increases, will comply with stormwater management plan requirements of the East Vincent Township Subdivision and Land Development Ordinance [Chapter 22]. The Township reserves the right to request on-site testing to be performed by the applicant at his or her expense prior to granting an impervious coverage increase request to verify the preliminary soils report conclusions. Any development site where impervious coverage limitations have been increased through use of received development rights shall be ineligible for waivers of the stormwater management plan requirements of the East Vincent Township Subdivision and Land Development Ordinance [Chapter 22] based on the grant of such increased coverage.
(b)
Maximum height may be increased such that any floor area dependent
upon the increased height may be permitted at a rate of 2,500 square
feet for each development right received. Increased height shall be
limited such that the total height of any building shall not exceed
3 1/2 stories or 50 feet.
(3)
CMU Developments. For CMU developments approved as conditional
uses in the CMU Zoning District, the TDR provisions of § 27-2705.4K
shall apply instead of those in Paragraph B above.
[Ord. 162, 6/12/2002, § 2405]
1.
All applicants for use of transferable development rights shall submit
a conditional use application in accordance with the provisions of
Part 19. In addition, applicants shall submit:
A.
A deed (or deeds) of transferable development rights, along with
accompanying documentation as required under § 27-2403D,
or an agreement of sale for all development rights proposed to be
purchased from the sending area tract(s). The applicant must prove
purchase of the appropriate number of development right(s), up to
the maximum additional increment calculated as above.
B.
A plan note or chart indicating the total extent of development proposed
on the receiving area tract, the total extent of development that
could be built not using TDRs, and the incremental difference between
the two.
C.
Where developments rights are proposed to be purchased and have been
secured by agreement of sale, but where no deed (or deeds) of transferable
development rights, nor accompanying documentation as required under
§ 27-2403D, have been recorded, applicant shall demonstrate
to the satisfaction of the Township that the requirements of this
Part can ultimately be met. Compliance with § 27-2403D prior
to final subdivision or land development approval shall be a condition
of conditional use approval.
D.
A title search of the tract(s) from which the transferable development
rights will be transferred sufficient to determine all owners of the
tract and all lien holders. If the development rights have previously
been severed from the tract in the sending area, a title search of
the rights set forth in the deed (or deeds) of transferable development
rights sufficient to determine all of the owners of the development
rights and all lien holders shall be furnished to the Township.
2.
In order to receive final plan approval, the applicant must provide
documentation that appropriate restrictive covenants have been recorded
for all sending area lands whose development rights are being used
by the applicant. These restrictive covenants must meet the requirements
of this Part. The restrictive covenant on the sending area land shall
be recorded first, followed by a deed of transfer, in accordance with
the provisions of the Pennsylvania Municipal Planning Code, as amended,
53 P.S. § 10101 et seq., which transfers the development
rights from the sending area landowner to the receiving area landowner.
[Ord. 162, 6/12/2002, § 2406]
East Vincent Township may purchase development rights and may
accept ownership of development rights through transfer by gift. All
such development rights may be resold or retired by the Township.
Any such purchase or gift shall be accompanied by restrictive covenants
as specified above.
[Ord. 162, 6/12/2002, § 2407]
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 calculated for
a tract in the sending area and the manner in which development rights
can be conveyed. The Township further expressly reserves the right
to terminate its transferable development rights program at any time.
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 Part relating to the regulations governing the calculation, 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 this Part
was filed prior to the effective date of such ordinance and thereafter
is continuously processed to approval, and, following such approval,
a complete subdivision and/or land development application complying
such rights is thereafter filed within six months from the date of
such approval.
