The purpose of this article is to protect sensitive
open space and ecologically important features, to preserve the farms,
forests, river corridors, ecological habitat, and recreational lands
of Northampton, and to allow landowners the ability to develop their
property in a manner that is sensitive to these unique resources.
FFR is comprised of three different types of protected open space.
A.
Uses
in the FFR are limited to any of the following so long as:
(1)
No more than 25% of a parcel may be developed
as roads, sewage disposal or drainage facilities, or other development
and, where possible, all improvements shall be spatially concentrated
to preserve the protected resource. The Planning Board, through site
plan review, may approve more than 25% developed areas only when created
to enhance or expand the function of urban parks or recreational facilities.
(2)
All site improvements shall be laid out and
constructed to minimize environmental and other impacts on protected
resources.
(3)
Open space shall be laid out to maintain views of agricultural
lands and open space, and to maintain distant vistas across open space
from both on and off the site.
(4)
Development shall be integrated into the existing landscape
through the use of building placement, landform treatment, and visually
compatible existing or new screening. When possible, development should
be placed within existing woodlands, and not in open fields, to preserve
views and minimize visual impact.
B.
Passive
recreation, including site improvements to allow for such use that
could include trail building, stream crossing components, wildlife
viewing stations and the like. Supporting structures, including temporary
or permanent buildings.
C.
Active
recreation, including temporary or permanent buildings and structures
necessary to support such uses. These may include but are not limited
to permanent or temporary bathrooms, storage buildings, water fountains,
snack bars, safety netting, seating, play or exercise structures and
foundations, and parking areas. Site improvements to support such
activities including trail building, stream crossings.
D.
Agriculture
and accessory structures, farm stands, etc.
E.
Land
conservation and restoration.
F.
Events
and/or other operations that support underlying agricultural uses.
Such uses shall be accessory and in accord with requirements herein.
G.
Social
functions, such as special events, concerts, weddings, with service
of food and beverage to support the primary function of protecting
open space/resource area.
H.
With
site plan approval by the Planning Board, the construction or use
of a building as a caretaker's residence.
The Planning Board shall grant an owner of land in the Farms, Forests and Rivers district a special permit to transfer the right to develop residential units from the FFR District (sending or donor parcels) to the Planned Village District (PV). (See § 350-10.15.) or other receiving parcels as allowed by this Zoning Ordinance in accordance with the criteria below. The Planning Board shall base its decision on the criteria in this section and the requirements for site plan review for the sending zone, not the receiving zone. The special permit criteria of § 350-10.1C shall not apply.
A.
The maximum number of dwelling unit development rights
that can be transferred is the greater of the following:
(1)
The number of dwelling units allowed by a current
valid definitive subdivision approval or open space residential development
(cluster) special permit issued for the sending parcel; or
(2)
Sixty percent of the number of dwelling units
that could potentially be developed based on the maximum number of
dwelling units allowed in a cluster, in accordance with § 350-11.4E(1),
and including deductions for wetlands but excluding deductions for
roadways.
B.
Development rights may not be transferred from land
which may not be otherwise be developed for a residential subdivision
because of ownership status, deed restrictions, easements, or prior
transfer of development rights, including:
(1)
Land with conservation restrictions or agricultural
preservation restrictions;
(2)
Land owned by a government agency for permanent
park, agricultural or conservation purposes;
(3)
Land owned by a nonprofit corporation, a principal
purpose of which is conservation or preservation of open space or
farmland;
(4)
Land where the development rights have already
been transferred out of the parcel.
C.
Transfer of development rights is contingent on placing
a permanent conservation restriction or agricultural preservation
restriction, in accordance with the provisions of Massachusetts General
Laws, on the land from which the development rights were transferred
(sending parcel) and restricting the use of the land to agriculture,
forestry, or undeveloped open space open for passive recreation only,
or deeding the land to the City as permanent park or conservation
land with no acquisition cost (but only with the consent of the City
Council and the Conservation or Recreation Commission, as appropriate).
D.
Development rights may be transferred from a sending
parcel and held indefinitely before being assigned to a receiving
parcel. Development rights may be transferred by sale or other means
and may subsequently be transferred to any owner of receiving parcels
allowed by this chapter.
