Northampton Township
City Zoning Code
City Zoning Code
PART 10
OPEN SPACE REQUIREMENTS AND CONTROLS
§ 27-1001 Requirements.
[Ord. 160, 4/6/1977; as amended by Ord. 186, 10/2/1980; by Ord. 210, 5/9/1984; by Ord. 295, 8/9/1989; and by Ord. 555, 10/27/2010, §§ 1, 2]
1.
The need for open space and/or the preservation of agricultural land, as defined in this chapter, has been specified in the description of purpose and specific intent for each zoning district. It is the purpose of this Part to specify the mandatory requirements for such open space (and/or the preservation of agricultural land) for each applicable district and to prescribe a payment in lieu of open space provision.
A.
Mandatory Open Space Requirements. It shall be hereafter required that mandatory open space provisions shall be made for all residential uses in accordance with the following requirements for each district wherein cluster development is not utilized:
District | Minimum Percent of Site Area To Be Reserved for Open Space/Agricultural Use |
|---|---|
AR Agricultural-Residential | 10% |
R-1 Single-Family | 10% |
R-2 Single-Family | 15% |
R-3 Multi-family | 30% |
C.
Not more than 60% of required open space shall be comprised of floodplain area, and/or flood hazard area, detention basin area, steep slope area (not to exceed 8% or greater), areas with high water tables, marsh areas, areas with shallow bedrock or areas of erodible or poorly drained soils.
D.
Criteria for Location. The following criteria shall be applicable for required open space:
(1)
Site or sites should be easily and safely accessible from all areas of the development to be served, have good ingress and egress and have access to a public road; however, no public road shall traverse the site or sites.
(2)
Site or sites should have suitable topography and soil conditions for use and development as a recreation area.
(3)
Size and shape for the site or sites should be suitable for development as a particular type of park. Sites will be categorized by the Township, using the standards established by the National Recreation and Parks Association (Publication No. 10005, 1970 Edition).
(4)
When designing and developing these recreation areas, it shall be done according to the standards established by the National Recreation and Parks Association, copies of which may be obtained from the Township office.
(5)
Site or sites should, to the greatest extent practical, be easily accessible to essential utilities, water, sewer and power.
(6)
Site or sites should meet minimum size in respect to usable acreage with respect to National Recreation and Parks Association standards, with 75% of such area having a maximum slope of 7%.
(7)
Site or sites should be in accordance with the objectives, guidelines and locational recommendations as set forth in the Northampton Township Comprehensive Plan and recreation plan.
(8)
Unless otherwise required by the Northampton Township Board of Supervisors, a minimum of 0.03 acres of undeveloped land shall be dedicated and improved with park and recreation facilities for each new individual housing unit within the development. The size, type, location, ownership and maintenance of the improved park and recreation facilities shall be subject to the approval of the Board of Supervisors.
E.
Fee in Lieu of Dedication/Reservation.
(1)
The Board of Supervisors may, at its sole discretion, determine that because of the size, shape, location, access, topography, soils or other features of the land, it is impractical to dedicate open space land to the Township or to set aside land for such purposes within a subdivision. In such cases, the Board of Supervisors shall require the payment of a fee in lieu of dedication (or reservation) of such open space land.
(2)
The required impact fee or the fee in lieu of mandatory land dedication for parks and recreation facilities shall be specified on the fee schedule adopted by Board of Supervisors, which may be amended from time to time by resolution. The fees shall be utilized to implement the park, recreation and open space plans that have been adopted by Northampton Township in accordance with the provisions of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.
(3)
All moneys paid to the Township pursuant to this section shall be used only for the purpose of providing park and recreational facilities accessible to the development. Fees shall be deposited and administered in accordance with the Pennsylvania Municipalities Planning Code, as amended, 53 P.S. § 10101 et seq.