Township of Douglass, PA TRANSFER DEVELOPMENT RIGHTS (TDR)

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.

The sending area lot or lots shall be restricted from future development in accordance with § 27-803, Subsection 1E, below.

Calculation of TDRs.

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.

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 =

Area falling into more than one exclusion category shall only be excluded once at the most restrictive applicable exclusion factor.

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eligible for calculation of TDRs unless and until such time as said covenant, restriction or easement is dissolved or rescinded with agreement of all beneficiaries of such covenant, restriction or easement.

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:

The landowner seeking Township calculation of available TDRs shall make application on a form provided by the Township.

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.

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:

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.

Documentation of calculation of available TDRs pursuant to paragraph .B above.

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:

The number of TDRs attributable to the entirety of the sending lot(s).

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).

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.

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.

Severance of TDRs.

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.

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.

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.

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.

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:

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).

The restrictive covenant(s) or conservation easement(s) shall be approved by Douglass Township, in consultation with the Township Solicitor.

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.

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.

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).

§ 27-804 TDR Receiving Area Qualifications and Calculations.

[Ord. 2013-01, 2/11/2013]

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.

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:

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.

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.

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.

Maximum building coverage may be increased above a base maximum of 20% to a maximum of 30% in accordance with paragraph .F, below.

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:

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.

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.

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:

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.

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.

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.

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.

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:

The overall density of the development shall be no greater than that which would be permitted for conventional development.

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.

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:

With a minimum lot size as stipulated in the base RR or RS District, as applicable.

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.

The following standards set forth in Part 6 of this chapter may be modified as follows:

Minimum individual lot area (gross): 12,000 square feet.

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%.

All other standards set forth in Part 6 of this chapter and any other standards otherwise applicable in the subject zoning district shall apply.

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:

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.

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.

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.

Other than density as provided herein, the standards set forth in § 27-730 shall apply to development in both the RS and RR districts.

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.

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:

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.

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.

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*
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.

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.

§ 27-805 Plan Submittal Process for Receiving Development.

[Ord. 2013-01, 2/11/2013]

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:

Note(s) on the plan indicating:

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.

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.

The incremental difference in each applicable case between the values claimed for #a and those indicated for #b.

Where applicable, the total square footage of any portion of a proposed building footprint where the building(s) exceed the applicable base permitted height.