A. Plan submittal process.
(1) All applicants for use of transferable development rights shall submit a conditional use application in accordance with the provisions of this Code. In addition, an applicant shall submit a preliminary subdivision and/or land development plan showing development with purchase of development rights; this plan shall meet the requirements of the Township's Subdivision and Land Development Ordinance.
(2) Along with the preliminary plan, an applicant shall submit:
(a) An agreement of sale for all development rights proposed to be purchased from sending area sites.
(b) A note on the plan showing the total number of dwelling units proposed on the site.
(c) A note on the plan showing the total number of dwelling units that could be built on the site when development rights are purchased, the number of dwelling units that can be built without the additional development rights, and the difference between the two. This difference represents the number of additional units that could be constructed on the site.
(d) A note on the plan which shows the proposed number of additional dwelling units and the number of development rights that must be purchased, based on the proposed number of additional dwelling units determined in
§ 116-285D.
(e) A plan of all sending sites from which the applicant proposes to purchase development rights. This plan shall show all information needed to determine the number of development rights which may be sold. In addition, the plan shall be accompanied by metes and bounds description of the property(ies), as well as each property's parcel number, owner name, and tax block and unit number. If the applicant is purchasing development rights from a portion of a sending area site, this portion shall be shown on the plan and described with metes and bounds.
(f) In order to receive final plan approval, the applicant must agree to record restrictive covenants for all sending area land whose development rights are being used by the applicant. These restrictive covenants must meet the requirements of
§ 116-285F. The restrictive covenant on the sending area land shall be recorded first, followed by the deed of transfer which transfers the development rights from the sending area landowner to the receiving area landowner.
