[Ord. No. 2015-03, 6/3/2015]
In accordance with Article VI of the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended and reenacted, this section establishes procedures by which development rights (DR) are conveyed, applied, and recorded. Every property in the Agricultural District existing on November 10, 1976 (date of enactment of original ordinance), was granted development rights according to the chart in § 27-403.1. In addition, the parcels formerly zoned as Conservation in 1976 and rezoned as Agriculture in 2003, now qualify for DR pursuant to § 27-403. The use of, and ability to transfer, the DR serves to further the purposes of this chapter by providing a voluntary means of preserving, conserving and protecting productive agricultural land in Shrewsbury Township.
[Ord. No. 2015-03, 6/3/2015]
[Ord. No. 2015-03, 6/3/2015]
1.
DR are not transferable to land restricted from development by covenant,
or deed restriction. In the event said covenant or restriction is
dissolved or rescinded, such land shall be eligible for issuance of
DR.
2.
DR shall be used for the purposes allowed in the chapters dealing
with DR uses and no other.
3.
In no case shall a DR be split between two parcels.
[Ord. No. 2015-03, 6/3/2015]
Shrewsbury Township hereby recognizes the severability and transferability
of development rights (DR) as allowed in those areas designated for
the use of DR in accordance with the regulations set forth in this
chapter.
1.
DR may be sold or donated to any party with or without being transferred
to a specific parcel, transferred between parcels in common ownership,
transferred to a receiving district, or transferred to an existing
Suburban Residential Zoning District.
A.
Irrespective of § 27-504.1 above, the Board of Supervisors
shall permit the owners of a tract or parcel to transfer a development
right (DR) as allocated by § 27-403.1 of this chapter to
a tract or parcel within the Agricultural District either owned or
not owned by them provided;
(1)
The transferee tract is an infill area as defined in Part 2;
and
(2)
The infill area is developed in accordance with infill development criteria in § 27-1404 of this chapter.
(3)
The owners of the transferee tract have established that they own as many rights as there are residential lots shown on the sketch plan for the transferee tract, as well as any additional development rights necessary to fully comply with § 27-404; and
(4)
State or federal laws or rules do not force the tract into using
lots that exceed the fifty-thousand-square-foot maximum lot size.
2.
Application: Application shall be made on a form developed by the
Township for such a purpose. The form shall be signed by the transferor
and transferee.
A.
A copy of a deed for each development right to be sold, donated or
transferred is required. The Board of Supervisors will allow the owner
of a lot or parcel of land to transfer DR to a person without the
DR being immediately assigned to any receiving parcel provided that
the transferred DR may not be assigned to any parcel within any DR
receiving area without such assignment having been approved by the
Board of Supervisors. The property owner may convey one or more rights
with each deed but may not convey a partial or fractional interest
in such right.
3.
Following any transfer, the transferor parcel must either contain
an existing dwelling or have allocated to it the right to construct
at least one dwelling, unless it is being permanently joined to an
adjacent lot or parcel which either contains an existing dwelling
or has allocated to it the right to construct at least one dwelling.
