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Commission requires developers to submit attorney-prepared Development Right Analysis tracing parent tracts to 1974
Summary
The planning commission adopted a requirement in the SALDO update that developers must submit a formal Development Right Analysis prepared by an attorney to trace parent tracts back to Dec. 7, 1974, shifting the burden of proof to the property owner.
Presenter Jessica Fieldhouse reviewed the draft SALDO update and the commission agreed to formalize a new requirement: developers must include a formal "Development Right Analysis," prepared by an attorney and submitted with land-development packets, to trace the parent tract back to Dec. 7, 1974. Fieldhouse and Megan Harris clarified that the "Burden of Proof" regarding development rights will rest on the property owner/developer, not the Township.
The minutes explain that tracking rights back to 1974 is administratively heavy; placing the duty on applicants means the Township Engineer or Solicitor will verify, rather than perform, the historical deed work. Staff noted that the Recorder of Deeds records transactions but does not track development rights, and that recorded subdivision plans (which must be filed within 90 days of approval) and county GIS easement layers can assist in reconstructing parcel histories.
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