The design standards and requirements outlined
in this article will be applied by the Township Planning Commission
and Board of Supervisors in evaluating plans for all proposed subdivision
and land developments. Development shall be planned, reviewed, and
carried out in conformance with all Township, county, state and other
applicable laws and regulations. Whenever other Township ordinances
or regulations impose more restrictive standards and requirements
than those contained herein, such other regulations shall be observed.
Stormwater management within the Township shall be regulated as set forth in Chapter
138, Stormwater Management.
[Amended 7-11-1995 by Ord. No. 1995-2]
In reviewing subdivision and land development
plans, the Township Planning Commission and Township Supervisors shall
consider whether community facilities, especially schools, in the
area are adequate to serve the needs of the additional dwellings proposed
by the subdivision and land development, and shall take such report
thereon as they deem necessary in the public interest.
A. School sites. The Township Planning Commission and/or
the Township Board of Supervisors may require the subdivider or developer
of residential subdivisions to reserve land to be conveyed in fee
to the school district for school sites.
B. Fire, police, library and other public buildings.
The Township Planning Commission and/or the Township Board of Supervisors
may require any subdivider or developer to reserve land to be conveyed
in fee to the Township to provide facilities for fire and police protection,
library or other community facilities.
C. Recreational facilities.
(1) The Township shall require the public dedication of
land suitable for recreational use, the construction of recreational
facilities, the payment of fees in lieu thereof, the private reservation
of land, or a combination thereof, for park or recreation purposes
as a condition precedent to final plan approval. "Recreational land"
shall mean a parcel of real estate or any part thereof which is intended
to be used solely or in conjunction with any other ancillary or subordinate
use, for the purpose of active physical activity which shall include,
but not limited to, a park or playground or pedestrian walking track,
etc., or a passive recreational use which shall include, but not be
limited to, bird watching, nature observation, etc., or any combination
thereof. Pathways installed in lieu of required sidewalks shall not
be considered recreational land.
[Amended 1-24-2006 by Ord. No. 2006-1; 10-27-2020 by Ord. No.
2020-5]
(2) "Recreational facilities" shall mean physical improvements
or modifications to the recreational land, including, but not limited
to, pathways, sports facilities, playgrounds equipment, structures
(as defined in this chapter). Pathways installed in lieu of required
sidewalks shall not be considered recreational facilities.
[Amended 1-24-2006 by Ord. No. 2006-1; 10-27-2020 by Ord. No.
2020-5]
(3) In order to meet the recreational needs of future
residents of proposed dwelling units, or occupants of commercial and
industrial facilities, areas meeting the criteria for recreational
lands set forth in the following standards shall offer to the Township
a minimum of 5,000 square feet of land based on a multiple of the
greater of the number of residential building lots; or the number
of proposed residential dwelling units on these building lots; the
total acreage or portion thereof for any nonresidential lot. For all
minor subdivisions one to three lots, major subdivisions and land
developments, if there is a dwelling unit or commercial or industrial
structure existing on one of the lots of the subdivision or land development,
that lot, and only that lot, will be exempt from this land dedication
or payment of cash in lieu of land dedications. Likewise, if the application
is solely for a boundary line adjustment with no new lot created,
said application shall be exempt.
[Amended 1-24-2006 by Ord. No. 2006-1]
(4) Land dedication standards.
(a)
The recreational land shall be readily accessible
to occupants or residents of the subdivision or land development.
(b)
The size, surface conditions, shape, topography
and location of the parcels shall be suitable for the intended recreational
purposes, and be such that recreation use is feasible. Designated
purposes are subject to Township approval. No recreation area shall
measure less than one acre, except for pocket parks.
[Amended 10-27-2020 by Ord. No. 2020-5]
(c)
Provisions shall be made for access to the recreational
land by maintenance equipment, when deemed necessary by the Township.
(d)
Except within the PRRC zone, no more than 50%
of the recreation land required for dedication shall be land with
a slope of over 15% and/or land with high water table or seasonable
high water table. Specifically, land designated as "wetlands" or any
land within 200 feet of any electrical transmission power line or
within 100 feet of a pipeline or other surface or subsurface line
shall be deemed unsuitable.
[Amended 3-8-2016 by Ord.
No. 2015-13]
(e)
Other than those recreational lands to remain
in existing condition, recreation lands shall be improved and equipped
to a usable stage in accordance with plans to be approved by the Township.
Such improvements and equipping shall be guaranteed through the subdivision
and land development improvements agreement.
(f)
The Township, with the consultation of the Recreation
Board and/or the Planning Commission, and/or the Township Engineer,
shall determine what improvements shall be made and/or facilities
added to or removed from the recreational areas. In reaching its decision,
the Board of Supervisors shall consider the following standards and
criteria:
[1]
The suitability of the land for particular recreational
purposes (example: athletic field, if flat terrain, or hiking trails,
if otherwise).
[2]
Existing recreation use and facilities in proximity
to land in question.
[3]
Short-term and long-term projected use of surrounding
lands or land development.
[4]
Accessibility of recreational land to vehicles
and pedestrian traffic.
[5]
The recreational needs of the Township residents.
[6]
The preservation of natural and/or man-made
habitats for attracting wildlife for passive recreational observation.
[7]
The cost versus possible benefit to be derived
for making improvements.
[8]
The long-range maintenance cost of such improvements.
[9]
Any other relevant factor that would impact
upon the practical use of the facility by Township residents.
D. Cash in lieu of land dedication.
(1) The cash payment in lieu of dedication shall be in
the following amounts:
[Amended 5-14-2002 by Ord. No. 2002-3; 1-24-2006 by Ord. No. 2006-1; 10-27-2020 by Ord. No. 2020-2; 10-27-2020 by Ord. No. 2020-5]
(a)
|
|
Number of Lots
|
Payment
|
---|
|
i.
|
Up to 3 residential dwelling units
|
$750 per dwelling unit
|
|
ii.
|
Over 3 residential dwelling units
|
$2,000 per dwelling unit
|
|
iii.
|
Any nonresidential land being developed
|
$2,000 per acre or fraction thereof
|
|
This subsection shall not apply to any residential dwelling
units within the PRRC Zone.
|
(b)
|
The further subdivision or development of any lot from which
3 dwelling units were previously created shall comply with (a)(ii)
above, as having more than 3 dwelling units.
|
(2) The cash will be paid according to the designated
fee schedule:
(a)
For subdivisions with less than five dwelling
units making a cash in lieu of recreational land contribution, the
total fee shall be paid by the owner or developer at the time of final
plan approval by the Board of Supervisors.
(b)
For subdivisions with five or more dwelling
units making a cash in lieu of recreational land dedication, the total
fee shall be paid by the owner or developer at the time of the final
plan approval by the Board of Supervisors, unless otherwise secured
through an approved subdivision improvements agreement, with collateral
security for the amount due Township.
(3) Within the PRRC Zone, a cash payment for residential dwelling units
in lieu of dedication shall be in the following amount: c
[Added 3-8-2016 by Ord.
No. 2015-13; amended 10-27-2020 by Ord. No. 2020-5]
Number of Lots
|
Payment
|
---|
Any residential dwelling units
|
$1,000 per dwelling unit
|
(4) In
connection with complete development of the entire residential area
within the PRRC Zone, the developer shall install private recreational
amenities or improvements (not open to the general public) having
a value of not less than $1,000,000. Such private recreational amenities
or improvements may be constructed or installed either within the
PRRC Zone or on the adjoining land in a different zoning district
that consists of approximately 63.2778 acres and is located at 3933
Lehigh Drive, Northampton, PA 18067, Parcel ID J3 19 5 0516.
[Added 10-27-2020 by Ord.
No. 2020-5]
E. Any future changes involving per lot fees or land
dedication amounts made in payment for recreational use shall be periodically
determined by resolution of the Board of Supervisors.
[Added 1-24-2006 by Ord. No. 2006-1]
[Amended 6-14-2011 by Ord. No. 2011-1]
An environmental professional with experience in wetland delineation
shall certify the absence of or identify and delineate the presence
of wetlands. Wetland delineation is only required for new lots located
within 300 feet of hydric soils. Wetlands are defined as "those areas
that are inundated or saturated at a frequency and duration by surface
water or groundwater sufficient to support and under normal circumstances
do support a prevailing of vegetation typically adopted for life in
saturated soil conditions" in the Federal Manual for Identifying and
Delineating Jurisdictional Wetlands, 1989. Wetlands in the State of
Pennsylvania are regulated under Section 404 of the Clean Water Act (United States Army Corps of Engineers and USEPA) and
Chapter 105 of the Dam Safety and Encroachments Act (Pennsylvania Department of Environmental Protection).
The Township reserves the right to request that the applicant obtain
a jurisdictional determination from the United States Army Corps of
Engineers.
[Added 10-23-2012 by Ord. No. 2012-2]
A. Applications filed pursuant to this section for a principal solar
energy production facility shall comply with the Subdivision and Land
Development Ordinance of the Township. The applicant shall file a
land development plan which shall contain the following:
(1) A narrative describing the proposed solar electric facility, including
an overview of the project; the project location; the approximate
generating capacity of the solar electric facility; the approximate
number, representative types and height or range of heights of the
panels or other solar energy systems equipment to be constructed,
including their generating capacity, dimensions and respective manufacturers,
and a description of all ancillary facilities.
(2) An affidavit or similar evidence of agreement between the landowner
of the real property on which the solar electric facility is to be
located and the facility owner, demonstrating that the facility owner
has permission of the landowner to apply for necessary permits or
approvals for construction and operation of the solar electric facility
("Participating Landowner Agreement").
(3) Identification of the properties or portions thereof on which the
proposed solar electric facility will be located, and the properties
adjacent to where the solar electric facility will be located.
(4) A site plan showing the planned location of each solar energy system,
property lines, setback lines, access roads and turnout locations,
substation(s), electrical cabling from the solar energy system to
the substation(s) ancillary equipment, building and structures, including
associated distribution and/or transmission lines, and layout of all
structures without the geographical boundaries of any applicable setback.
(5) Documents related to decommissioning, including a schedule for decommissioning.
(6) Other relevant studies, reports, certifications and approvals as
may be provided by the applicant or required by the Township to ensure
compliance with this section.
B. The design of the solar electric facility shall conform to applicable
industry standards, including those of the American National Standards
Institute. The applicant shall submit certificates for design compliance
obtained by the equipment manufacturers from Underwriters Laboratories
(UL), IEEE, Solar Rating and Certification Corporation (SRCC), ETL,
or other similar certifying organizations.
C. The solar electric facility shall be construed to the comply with
the Pennsylvania Uniform Construction Code, Act 45 of 1999, as amended,
and any regulations adopted by the Pennsylvania Department of Labor
and Industry as they relate to the UCC, except where an applicable
industry standard has been approved by the Department of Labor and
Industry under its regulatory authority.
D. On-site transmission and power lines shall, to the maximum extent
practicable, be placed underground.
E. A solar electric facility shall be situated in such a way that it
presents no threat to traffic or to public health and safety.
F. This section shall apply to a separate solar energy system installed
on a property which has an existing accessory solar energy system
on site if the proposed additional solar energy system combined with
the existing energy generation of the accessory solar energy system
would generate a rated energy capacity of a principal solar energy
production facility.
[Added 10-27-2020 by Ord.
No. 2020-5]
A. Street trees with a minimum installed size of two-inch caliper should
be planted at forty-foot intervals alternating along both sides of
new streets.
B. Street trees shall be placed between the street edge and the sidewalk.
Locations shall be subject to approval by the Board of Supervisors.
C. Species proposed shall be appropriate for the USDA zone of hardiness,
in accordance with the American Standard for Nursery Stock.
D. A variety of plant species shall be installed and maintained in order
to avoid a monoculture.
E. Plantings shall have symmetrical growth, and be free of insects,
pests and disease.
F. Building foundation plantings shall be provided, and shall include
a combination of flowering trees and shrubs of varying species and
colors. The plantings shall be placed in the front yard and along
alley frontages. Building foundation plantings are intended to be
a group of plants used in the landscape design to blend a building
or dwelling with its settings, complement and enhance the building
or dwelling, and to screen any utilitarian features of the building
foundation. The landscaping may be placed within an easement and shall
be maintained by individual lot owners or by the Homeowners Association.
G. Pocket parks shall have, at minimum, one street tree for each 40
feet of street frontage, and one shade tree for every 500 square feet
of land in the pocket park. Shrubs, perennials, and groundcover plantings
should be provided as enhancements in pocket parks.
[Added 10-27-2020 by Ord.
No. 2020-5]
A. Buildings shall be oriented with prominent primary entrances toward
an adjoining street or public space, including gathering spaces such
as a plaza, park, pocket park or other green space.
B. All buildings shall have a unified context-sensitive architectural
theme, including elements such as the following:
(1)
Brick, stone, other masonry material, fiber cement siding, EIFS,
or like-type materials used on portions of facades facing the streetscape
or public space.
(2)
At least 35% of the dwellings should have a variety of architectural
elements incorporated into the front building facade design, such
as, pilasters, piers, columns, arches, shutters, raised panel garage
doors with windows, and the like.
(3)
At least 35% of the single-family detached dwellings should
have a covered porch, pent eve roof or portico.
(4)
Variety of building heights and varied roofline articulation,
through the use of dormers, gables, parapet walls, and the like.
(5)
Buildings should have a sloped roof, or a parapet if the roof
is flat.
(6)
Variety of architectural features for adjacent single-family
detached dwellings.
(7)
Earth tone colors for all siding materials.
C. Vinyl or like-type siding materials on the facades or sides of the
building shall not constitute over 50% of the structure; soffit and
fascia shall not be included within this 50% calculation.
D. At least 50% of the detached dwellings shall have rear and side loaded
garages with a minimum setback of 18 feet from the cartway of the
street and the alley.
[Added 10-27-2020 by Ord.
No. 2020-5]
A. Ownership.
(1)
When built in the PRRC Zone, pocket parks shall be owned and
maintained by the HOA.
(2)
Maintenance. A maintenance agreement shall be required for all
landscaping and any stormwater BMPs located within the pocket park.
B. General requirements.
(1)
Design.
(a)
The land intended for use as pocket park shall suit the purpose
for which it is designed.
(b)
Areas delineated as wetlands shall not be used for pocket parks.
(c)
Areas of steep slopes greater than 15% shall not be used for
pocket parks.
(2)
Proximity and quantity. Pocket parks shall be readily accessible
by residents. A pocket park shall be located within 1/4 of a mile
from each residential structure located within the PRRC. At least
one pocket park shall be provided and maintained for every 24 residential
dwelling units with a minimum lot area of less than 7,000 square feet.
(3)
Fencing. When a pocket park is located on the corner of an intersection,
the boundary of the park adjacent to the roadway shall be defined
by a fence that does not block view into the park. Landscaping in
pocket parks shall not encroach on clear sight triangles.
(4)
Access. Pocket parks shall be accessible, at minimum, by a walking
pathway or sidewalk.
(5)
Accessibility. Pocket parks shall conform with ADA accessibility
design standards.
(6)
Size. Required pocket parks shall have an average area of not
less than 1,000 square feet with a minimum area of 500 square feet
each.
(7)
Impervious cover. Pocket parks shall not have greater than 50%
impervious cover.
(8)
Landscaping. Refer to the PRRC Landscaping Requirements of §
147-30A.
(9)
Benches. Pocket parks shall contain, at minimum, two benches.
(10)
Trash receptacle. Pocket parks shall contain, at minimum, one
trash receptacle.
(11)
Lighting. Lighting for pocket parks shall be required at the
discretion of the Township Planning Commission and Board of Supervisors.
When lighting is not provided for pocket parks, access and use shall
be limited to daylight hours.