A. Transferable development rights (TDR's) are available to owners of properties meeting all the following criteria:
(1) A minimum lot area of five acres.
(2) The lot may not be a flag lot or a lane lot.
(3) The lot must be capable of subdivision or land development.
(a) Properties that are fully developed or developed in a way that would prohibit further development or subdivision are not eligible.
(b) An applicant for TDR use must demonstrate to the satisfaction of the Township that the land from which TDR's are to be transferred could be developed or subdivided in accordance with applicable zoning, subdivision and land development ordinance requirements.
(4) The lot must be owned by private groups or individuals, not by governments or utilities. Properties owned by Township, county, state or federal governments or the school district are not eligible.
(5) The lot must be located in one of the following zoning districts: R-1, R-1a or C-3, but R-1 and R-1a are sending districts only.
B. Specific criteria that must be met by all TDR sending properties. In addition to meeting all of the general criteria, properties eligible to send TDR's must also meet at least one of the following specific criteria:
(1) Open-space-plan-designated properties. Property shown on the Township's 1998 Open Space Plan, as amended, and listed as "Properties Meeting Open Space Goals" on the Preservation Plan Map.
(2) Stream corridor properties. Properties with frontage on the Neshaminy Creek, Pine Run Creek or Cooks Run for a length of not less than 300 feet.
(3) Farmland. Land must be actively farmed for horticulture, field crops or livestock; or the property must be in the Township's Agriculture Security District.
C. Number of TDR's available to TDR sending properties.
(1) "Lot area" is defined as excluding the right-of-way of any street and any utility easements. For each dwelling unit located on the lot, subtract one TDR from the total number calculated.
(2) Number of TDR's available:
(a) R-la District: 0.6 TDR per acre of lot area.
(b) R-1 District: 1.1 TDR's per acre of lot area.
(c) C-3 District: 10 TDR's per acre of lot area.
D. No transferable development rights are available for the following properties:
(1) Properties owned by Township, county, state or federal governments or the school district or a utility.
(2) Properties on which an easement or other restriction in a deed or other document has been granted to any program or agency, or to any person, partnership, corporation or other legal entity that restricts development.
(3) Lots or properties from which all of the development rights have already been sold or transferred.
(4) Properties which have been restricted from development by the terms or conditions of an approved development plan, subdivision approval or other agreement that restricts the property from further development.
(5) Land within the ultimate right-of-way of existing roads.
(6) Lots or properties or portions of lots or properties which have been designated and used to meet the open space or resource protection or recreational requirements of a subdivision or land development plan.
E. The development rights may be issued and transferred or sold to a person, corporation, partnership or other legal entity so designated by the landowner pursuant to the following: see
§ 175-30.4E for detailed information.
F. Voluntary use of development rights. Uses meeting the requirements of this section and other ordinances of the Township shall be approved up to the maximum density or impervious surface ratio as permitted for uses without the purchase of development rights. Nothing in this section shall require a landowner to purchase development rights.
G. Transfer and recording. Development rights shall be recorded in the Bucks County Recorder of Deeds office in accordance with their regulations. All transfers and recording shall be conveyed and recorded in full compliance with § 619.1, Transferable development rights, of the Pennsylvania Municipalities Planning Code.
H. Transferable development rights may be used only in the districts and for the uses designated by this chapter as being eligible to receive and use transferable development rights. No transferable development rights may be used in zoning districts unless specifically permitted by this chapter, nor may any transferable development rights be used to increase the density of any use unless specifically permitted by this chapter.
I. Transferable development rights receiving areas. TDRs may be used as permitted by this section in the following zoning districts: C-1, C-2, C-3 and LI.
See
§ 175-30.4: Transferable development rights for complete, detailed information.