An informational meeting on Transferable Development Rights (TDR) was held in the Township Building on the above date. Supervisors Kenneth Miller, Zoë Perkins and Karl Brachwitz, Township Manager Allen Heist, Planning Solicitor Fronefield Crawford, and approximately twenty Township residents were present.

Chairman Miller explained the purpose of the meeting was to discuss the concept of the TDR program within the Township and to determine whether any property owners are interested in pursuing further discussions. The developers of the Ewing Tract have expressed an interest in purchasing development rights and have requested the Township's involvement in the educational process and act as facilitator of development rights within the Township.

Mr. Crawford reviewed the West Vincent Township Zoning Ordinance Article XXV, Transferable Development Rights. (Copies of Article XXV, Tool #10 - Transferable Development Rights from the Chester County Planning Commission Community Planning Handbook, and the TDR Receiving Zone Overlay map were distributed.) The process allows the sale and transfer of development rights to the three designated "receiving zones" in the Township and was created to preserve open space and agricultural lands by directing development to appropriate areas. The program is recognized as a voluntary agreement between a willing buyer and a willing seller with the price of development rights determined by both parties. Mr. Crawford reviewed charts in Article XXV establishing the number of TDRs to be assigned to an eligible tract of land in each base district of the sending zone and the additional dwelling units landowners in receiving zones have the right to build following the purchase of development rights.

The following is a summary of the questions, comments, and discussion:

• Sending/Receiving Areas:
  • Three areas of the Township are designated receiving zones.
  • A maximum density in the receiving zone is set forth in the Zoning Ordinance.
  • The selection process of receiving zones was determined by the Township.
  • Receiving areas may change in the future.
  • Currently, the entire township is a sending area; a change is unlikely.
  • What happens when the receiving area is built-out? Unknown at this time.
• TDR's:
  • A landowner may sell partial development rights from a tax parcel - this is addressed in Section 2506 of Article XXV.
  • Upon the sale of development rights, an easement is placed on the property.
  • There are no provisions for development rights in West Vincent Township to be sold in neighboring townships.
  • Pricing for TDRs is determined by sending/receiving landowners.
  • TDR calculations are based on the "net TDR tract area" - (wetlands, floodplains, steep slopes over 25%, high tension electrical easements, and high water table areas are netted out as defined by the Adjusted Tract Acreage and easement areas, existing dwellings, and infrastructure improvements are netted out per Section 2503 B).
  • If a property owners sells his development rights and, at a later date, the property is re-designated a receiving zone, can a property owner buy back development rights.
  • Can an individual buy development rights and then sell the rights to a developer?
• General Comment:
  • The need to net-out 15% for roads was questioned.
  • The Board was encouraged to place high priority on preserving farmland, the Dirt Road and Scenic River Corridor areas, and the viewshed along St. Matthews Road at Pughtown Road.
  • Additional alternatives to TDRs to preserve open space and agricultural lands - conservation easements, West Vincent Land Trust, French & Pickering Creeks Trust, and the Township buying development rights for "Land Bank" to sell or to retire the rights.

The Board was commended for their efforts in establishing the TDR program to manage growth, preserve resources, and maintain the rural character of West Vincent Township. As an initial step to assist Township landowners interested in pursuing the development rights process, the Board offered the services of the Township Engineer (at the expense of the Township) to prepare TDR tract area calculations and determine the number of development rights per tax parcel owned. Property owners may call the Township Office to request this service.