[Added 12-15-2008 by Ord. No. 495]
In expansion of the community development objectives contained in Article I, § 300-2 of this chapter, it is hereby declared that the intent of this article with respect to the TDR Transfer of Development Rights District to establish reasonable standards and criteria to protect unique and valuable environmental features and preserve areas identified through Township plans as important open space. It shall be further the intent of this District:
A.
To preserve
such lands entirely within the R-1 Residential Agricultural District
(R-1) and the R-2 Residential District (R-2), or other areas consistent
with the recommendations of the Township's Comprehensive Plan and
Open Space and Environmental Resource Protection Plan, and to ensure
that lands are preserved for such use for the future.
B.
To reduce the
negative impacts of suburbanization and sprawl within the receiving
districts.
C.
To protect property
rights by allowing landowners whose immediately developable land,
without the need for remediation, is intended for preservation to
transfer their rights to develop to other areas of the Township deemed
more appropriate for development based upon the availability of community
facilities and infrastructure.
A.
This district
is enacted pursuant to the authority granted by Sections 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.
The R-1 and
R-2 Districts shall be the sending district for the purposes of the
TDR program. Parcels shall be entirely within either one or both of
these districts.
B.
Sending tract.
(1)
A sending
area tract shall comply with at least one of the following requirements:
(a)
The sending
area tract shall be identified within the Township's most recently
amended Open Space and Environmental Resource Protection Plan. Such
parcels shall either be located in designated preservation areas or
be an individual parcel recommended for preservation.
(b)
The property
has at least a portion of any boundary along the banks of the Schuylkill
River or Perkiomen Creek.
(c)
More
than 33% of the site shall contain wetlands, steep slopes, floodplains,
native woodlands worthy of protection, as determined by the Township,
or a combination of such features. Such constraints shall be accurately
delineated in the required sending area yield plan based on documented
source material.
(d)
An established
agricultural operation shall be occurring on at least 85% of the site;
this specifically excludes those operations which are considered commercial
composting by industry standards (i.e., 500 cubic yards throughput
per annum); composting which is accessory to an on-site agricultural
operation need not be excluded. If a site with a composting operation
meeting these standards is remediated to the satisfaction of the Township
Engineer or other appointed Environmental Professional, the site can
then be reevaluated by the Township as a potential sending site.
(2)
Determination
as to the qualifications of any tract as a sending area tract based
on the criteria contained herein shall rest solely with the Township.
C.
The maximum number of transferable development rights available to owners of eligible lots shall be determined by submission of a yield plan, drawn pursuant to the requirements § 300-175G of this chapter, and approved by the Township. Any fractional yield shall be rounded down to the next whole number.
A.
Land from which
TDRs have been sold may be used only for the following purpose:
(1)
Permanent
preservation of open space or agricultural land by appropriate deed
restriction or legal mechanism acceptable by the Township. Prior to
determining the ownership of the property to be preserved (restricted),
the applicant may offer it for dedication to the Township. In deciding
whether or not to accept any public open space, the Board of Supervisors
may obtain the recommendation of the Parks and Recreation Board, Planning
Commission, or Township staff. Any preserved property, if not to be
accepted for dedication by the Township, shall be maintained in the
same manner as it was prior to the transfer of development rights
or in a manner acceptable to the Township. This land can be managed
by a homeowners' association, a recognized conservation organization,
the landowner severing his/her rights, or other group as approved
by the Township, once the mechanism for conservation is in place.
If the managing organization is a homeowners' association, the organization
and governing documents must adequately provide for the preservation
and conservation of the land to the satisfaction of the Township.
B.
Transfer of
development rights.
(1)
The transferor may transfer only up to the number of lots indicated on the approved yield plan drawn pursuant to the requirement of § 300-380C herein to an appropriate R-1 or R-2 property as defined in § 300-382A herein. If only a portion of the lots based on the yield plan are transferred, the remaining land may be developed pursuant to applicable zoning standards and subject to all other applicable regulations of this chapter and of Chapter 270, Subdivision and Land Development, or as open space, agricultural land, in the same state as prior to the transfer of development rights, or in a manner agreeable to the Township; provided, however, that a minimum of 50% of the sending tract must be restricted from future development as the result of utilizing transfer of development rights.
(2)
All parties
involved in any transfer of development rights conditional use application
must submit with that application a statement of ownership or equitable
ownership of the receiving parcel and a letter of agreement from the
transferor to sell development rights from the sending parcel.
(3)
No TDRs
created by this article shall be transferable beyond the boundaries
of Upper Providence Township.
(5)
The Township
may purchase development rights, may accept ownership of development
rights through transfer by gift, and may resell or retire development
rights. If they are resold, they must be resold in accordance with
all applicable provisions of this article.
(6)
If a single-family
home and/or farmstead remains on a sending tract after the transfer
of development rights transaction has been completed, the owner will
retain all rights for that single-development unit; this will include
the ability to build farm related buildings, including and similar
to: storage buildings, barns, silos, animal coops/pens, and other
out-buildings typical to residential or farm development, as long
as all development complies with the applicable zoning standards.
(7)
Nothing
within this article is meant to preclude the county, commonwealth,
or other conservation organization from purchasing the development
rights from any tract within the Township and holding them in perpetuity.
C.
Severance of
transferable development rights.
(1)
Transferable
development rights which have been permanently severed shall be conveyed
by a deed of transferable development rights duly recorded in the
office of the Recorder of Deeds in and for Montgomery County. 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 transferor, in gross. Such deeds
of transferable development rights shall be suitable in form and in
substance to the Township Solicitor.
(2)
The deed of transferable development rights which severs the development rights from the sending area tract(s) shall be accompanied by appropriate legal instrument, as provided in § 300-381A, in a form and substance acceptable to the Township Solicitor and subsequently will be recorded in the office of the Recorder of Deeds in Montgomery County.
(3)
All deeds
of transferable development rights shall be accompanied by a title
report for the sending area tract(s). Such title report shall be prepared
within 10 days prior to submission of the deed of transferable development
rights and shall be suitable in form and in substance to the Township
Solicitor.
(4)
If less
than all of the development rights eligible for transfer hereunder
are to be transferred, the applicant and/or sending area landowner
shall indicate in the deed of transferable development rights the
disposition of any retained development rights.
D.
Sending area
conservation restrictions.
(1)
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 in
the office of the Recorder of Deeds in and for Montgomery County.
(2)
If the owner
of the sending tract is not retaining the parcel, the restrictive
covenant(s), deed restriction, or conservation easement shall designate
the Township, a bona fide conservation organization acceptable to
the Township or homeowners' association, at the Township's sole discretion,
as the beneficiary or grantee.
(3)
The restrictive
covenant(s), deed restriction, or conservation easement shall apply
to the sending area tract(s) from which development rights are sold
and shall specify the number of development rights so severed as well
as any to be retained. No portion of the sending area tract(s) 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 future development.
(4)
All owners
from the tract(s) from which development rights are severed shall
execute the deed of transferable development rights and any restrictive
covenant(s) or conservation easement. All lien holders of the tract
from which development rights are severed shall execute a joinder
and/or consent to the deed, restrictive covenant(s) and/or conservation
easement.
A.
Standards for
single-family detached residential development using TDRs. TDRs may
be utilized only for the development of single-family detached dwellings.
A single-family detached residential development utilizing TDRs shall
be known as a "subdivision with transferable development rights."
(1)
Development
rights previously severed or land previously restricted from development
by covenant or deed restriction are not eligible for severance and
transfer and shall be subtracted from any applicable TDR calculations.
(2)
Tracts eligible
for receiving TDRs must be at least seven acres in area and shall
be located entirely within one or both of the R-1 or R-2 Districts.
(3)
The receiving
tract must have direct access to a feeder or higher classification
roadway as defined by the Township's adopted Ultimate Right-Of-Way
Ordinance and Map.
(4)
At least
some portion of the perimeter of the receiving tract shall be adjacent
to a commercial, office, or industrial district or be adjacent to
a R-3 or R-4 District or a residential development with an average
lot size of 30,000 square feet or less.
(5)
The receiving
area tract shall not be identified within the Township's most recently
amended Open Space and Environmental Resource Protection Plan, as
located in designated preservation areas therein as interpreted by
the Township, nor shall it be an individual parcel recommended for
preservation, or be a property fronting the Schuylkill River or Perkiomen
Creek.
(6)
At least
85% of the receiving tract shall be free of environmental constraints,
including steep slopes, woodlands, floodplains, and wetlands or other
features which would preclude more intensive development than the
traditional existing zoning without benefit of TDR.
(7)
If any side of the TDR subdivision is adjacent to a residential district or use with lots of 30,000 square feet or greater and/or a vacant, developable parcel, a Buffer Type 2, as described in § 270-68D(5)(c) of Chapter 270, Subdivision and Land Development, shall be required.
(8)
Where the boundary of the tract proposed for development of a TDR subdivision abuts a tract zoned and/or used for nonresidential purposes, a Buffer Type 3 pursuant to § 270-68D(5)(e) of Chapter 270, Subdivision and Land Development, is required. However, a fifteen-foot buffer with plants and proportional requirements associated with a Buffer Type 2, pursuant to § 270-68D(5)(c) of Chapter 270, Subdivision and Land Development, may be used instead if the applicant chooses to provide a solid fence along the portion of the common boundary line which is adjacent to the above-mentioned districts and/or uses.
(9)
Houses in
a TDR subdivision that are not otherwise subject to specified buffers
within this section shall be set back a minimum of 30 feet from adjacent
properties not part of a subdivision with transferable development
rights.
(10)
All required
buffer areas shall be maintained by a homeowners' association or other
group as approved by the Township.
(11)
The maximum number of lots which may developed on a qualifying receiving tract shall be the sum of the number of lots identified through the yield plan for the receiving tract [reference: § 300-382A(13) herein], plus the number of lots to be transferred to the receiving parcel, in addition to a number equal to no more than 20% of lots to be transferred to the receiving tract.
(a)
Should
it not be possible to construct all of the lots to be transferred
from a sending tract to a single qualifying receiving tract, said
lots may be distributed among two or more qualifying receiving tracts.
Any fractional yield shall be rounded down to the next whole number.
(b)
Compliance
with the standards in this article does not guarantee that the maximum
number of dwelling units will be achievable in all cases. The applicant's
ability to develop the maximum number may be reduced as a result of
the applicant's choices of dwelling types, building and/or lot sizes,
physical constraints of the development site, or other factors.
(12)
Tracts
eligible for receiving TDRs must be serviced by public sewer and public
water.
(13)
To determine the maximum number of lots which could be permitted on a receiving tract prior to the addition of transferred development rights, a yield plan of the tract must be submitted using standard existing zoning requirements, drawn pursuant to the requirements of § 300-175G of this chapter, and approved by the Township.
A.
Lot area and
dimensional criteria for a subdivision with transferable development
rights in the R-1 District. Lot area and dimensional criteria applicable
to the subdivision with transferable development rights in the R-1
District shall be as follows:
B.
Lot area and
dimensional criteria for a subdivision with transferable development
rights in the R-2 District. Lot area and dimensional criteria applicable
to the subdivision with transferable development rights in the R-2
District shall be as follows:
The Township reserves the right to amend this
article in the future, and the Township expressly reserves the right
to change the manner in which the number of development rights shall
be calculated for a tract in the sending area and the manner in which
development rights can be conveyed. The Township further expressly
reserves the right to terminate its own transferable development rights
program at any time. No owner of the land or owner of development
rights shall have a claim against the Township for damages resulting
from a change in this article relating to the regulations governing
the calculation, transfer and use of development rights, or the amendment
thereof, 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 a transfer of
development rights conditional use application in conformity with
the provisions of this article 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 applying such rights is thereafter filed within two years
from the date of such approval.
