Township of Northampton, PA CONDITIONAL USE AND CLUSTER DESIGN REGULATIONS

[Ord. 160, 4/6/1977; as amended by Ord. 210, 5/9/1984; by Ord. 265, 2/24/1988; by Ord. 436, 5/13/1998; by Ord. 441, 12/9/1998; and by Ord. 446, 3/10/1999]

Cluster-designated subdivisions, as defined in this chapter, are permitted as conditional uses in the following zoning districts:

CR Country Residential District.

AR Agricultural-Residential District.

R-1 Single-Family District.

R-2 Single-Family District.

Purpose for Cluster Design. The purpose for cluster design is to:

Provide standards to foster the amount of open space and to control impervious surfaces within a development; to control the intensity of development in areas of sensitive natural resources or natural features in order to reduce or eliminate adverse environmental impacts; to protect the people's right to clean air, pure water and the natural, scenic, historic, recreation and aesthetic values of the environment; and to protect natural and agricultural resources which are a part of the ecological system to which the residents are all bound and therefore are the common property of all people, including generations yet to come, and which must be protected to ensure the health, safety and welfare of all the people.

Provide incentives to meet housing and environmental goals or to provide public or special facilities.

Provide standards of performance which make the unique characteristics of the land or site the determinants of its capacity for residential use.

Cluster Development Conditional Use Requirements. Planned development of single-family detached dwellings shall be permitted as a conditional use in the CR Country Residential District, AR Agricultural-Residential District, R-1 Single-Family District and R-2 Single-Family District, on lots with modified dimensional requirements; provided, that:

Dimensional requirements and performance standards shall be in accordance with the provisions of this Part.

An amount of open land shall be set aside as permanent usable open space or preserved area(s) in accordance with the open space preservation, maintenance and ownership requirements of this Part.

Ownership, maintenance and use of open space and preserved area(s) shall be in accordance with the provisions of this Part and Part 10.

Existing natural features, such as brooks, creeks, streams, drainage channels, woodlands and steep slopes, shall be retained wherever possible. In addition thereto, prime agricultural land shall be protected in the AR District wherever possible. No more than 25% of the lot area of a building lot shall contain steep slopes, floodplains and wetlands.

The maximum number of single-family detached dwelling units which will be permitted for any tract or site in a cluster-designed subdivision shall be computed in accordance with the requirements described in Subsection 4.

All dwelling units within any cluster-designed subdivision in the AR, R-1 and R-2 Districts shall be provided with public water and public sewer facilities. All dwelling units within any cluster-designed subdivision in the CR District shall be provided with water and sewer facilities as approved by the Board of Supervisors.

Area and Development Controls; Dimensional Requirements. The purpose of this subsection is to specify the area and development controls and dimensional requirements applicable to all cluster-designed subdivisions, where permitted, within Northampton Township. The regulations pertaining to maximum overall density, minimum open space ratio, maximum impervious surface ratio, maximum building coverage, minimum site area, minimum average lot area per dwelling unit, minimum building setback line and setback from right-of-way per lot, minimum front, side and rear yard, individually and in the aggregate, and the maximum height in feet and in stories shall be as specified in the performance standards and dimensional requirements shown in this subsection.

In computing the maximum number of single-family detached lots which are permitted for a tract or site under the cluster design regulations, the following method shall be utilized:

(1)

The maximum number of lots shall be determined by submitting a standard subdivision plan, showing the number of building lots permitted under the area and development regulations of the applicable zoning district. The subdivision plan shall meet all other applicable provisions of this chapter and shall be drafted in accordance with the requirements for sketch plans and shall meet the design standards of Chapter 22, "Subdivision and Land Development."

(2)

The Township Engineer shall review the standard subdivision plan and shall verify the maximum number of dwelling units attainable under a standard subdivision.

(3)

When the maximum density for the entire tract under a standard subdivision has been verified in accordance with the foregoing procedure, the tract shall become eligible for development as a cluster-designed subdivision at the same maximum density.

(4)

For any cluster-designed subdivision in the AR District, the maximum number of lots allowed on any parcel within the site shall not be more than 150% of what could have been developed on that parcel under a standard subdivision plan as certified by the Township Engineer, and the maximum number of lots allowed on the entire site shall not exceed the number which could be developed under a standard subdivision plan.

Performance Standards. The performance standards required for a cluster-designed subdivision site shall meet the following requirements:

District	Minimum Site Area (acres)	Minimum Open Space Preserved Area(s) for Gross Site	Maximum Impervious Surface Ratio for Net Site	Maximum Building Coverage for Net Site
CR	40	40%	12%	8%
AR	150	30%¹	20%	10%
R-1	25	50%	22%	12%
R-2	25	35%	25%	12%

NOTES:
¹	May be comprised of open space/preserved area(s) and/or uses permitted in Subsection 5B below.

Dimensional requirements for single-family dwelling lots.

Schedule of Dimensional Requirements for Single-Family Dwelling Lots in Cluster-Designed Subdivisions
Zon- ing Dist- rict	Minimum Open Space/ Preserved Area for Site (percent)	Average Lot Area Per Dwelling Unit (square feet)	Minimum Lot Area Per Dwelling Unit (square feet)	Mini- mum Lot Width at Building Setback Line/ Right-of-Way Line (feet)	Maximum Building Coverage/ Imperv- ious Surface Ratios Per Lot (percent)	Minimum Side Yard; Aggregate/ Each (feet)	Minimum Rear Yard (feet)	Minimum Front Yard (feet)
CR	40	43,560	40,000	150/30	10/18	55/25	50	50
CR	50	35,000¹	30,000¹	125/30	12/18	45/20	50	50
AR	30	30,000	30,000	125/30	12/15	45/20	50	50
AR	35	25,000	25,000	115/30	15/20	35/15	50	50
AR	40	20,000	20,000	100/30	15/20	35/15	50	50
R-1	50	15,000	12,000	100/30²	20/22	-35/15²	35²	35²
R-2	35	12,000	10,000	80/30²	25/30	25/10²	35²	30²

NOTES:
¹	Connection to a public water distribution system of the Northampton, Bucks County, Municipal Authority shall be required.
²	See § 27-903, Subsection 4D.

Lot Averaging. In order to allow flexibility to treat unusual site conditions and irregularly shaped parcels and to preserve trees, watercourses and other natural features, the minimum and average lot area requirements may be employed. The minimum individual lot area for any dwelling unit shall be as shown below, provided that the average lot area for all dwelling units meets the requirements of Subsection 4C above. The lot width at building setback line and yard requirements for any individual lot for a dwelling unit which is less than the required average may be reduced by no more than 20%.

Zoning District	Minimum Lot (square feet)
CR	40,000 or 30,000¹
R-1	12,000
R-2	10,000

NOTE:
¹	In accordance with respective average lot area per dwelling unit options of 43,560 and 35,000 square feet, as required in Subsection 4C above.

The lot area and yards required for any new building or use shall not include any part of a lot that is required by any other building or use to comply with the requirements of this chapter. No required lot area and yard shall include any property, the ownership of which has been transferred subsequent to the effective date of this chapter, if such property was a part of the area required for compliance with the dimensional requirements applicable to the lot from which such transfer was made.

Open Space and Preserved Areas; Agricultural-Residential District. Open space and preserved areas shall be provided as follows:

The minimum requirement of 30% required open space and preserved area shall be provided as follows:

(1)

A minimum of 25% of the total open space and preserved area as may be required under Subsection 4C shall be provided as open space. Said open space shall be designed to serve and be contiguous to lots within the cluster-designed subdivision. (Example: A site of 220 acres, when multiplied by the minimum open space ratio of 30%, produces a total open space and preserved area requirement of 66 acres. 25% of the total open space and preserved area requirement (16.50 acres) must be provided as open space for the lots within the cluster-designed subdivision.)

(2)

Upon the deduction of the minimum required open space under Subsection 5A(1) above, the balance of the total required open space and preserved area shall be provided as open space or preserved area. Said open space and preserved area may, but shall not be required to, serve or be contiguous to lots within the cluster-designed subdivision).

(3)

Any preserved area shall be in one parcel and shall not be separated by any street.

(4)

Additional preserved area or open space in excess of the minimum requirement of 30% may be in parcels not contiguous with the first 30% of the open space and preserved area provided.

Preserved area(s) may be used for the following:

(1)

Agriculture, including tilling of the soil, raising of livestock, horses or poultry, nursery and/or tree farm, subject to limitations listed herein, and provided that buildings and structures for such uses, except for fences, are situated not less than 100 feet from any street line or property line.

(2)

Commercial greenhouses, mushroom houses, feedlots, confinement livestock or poultry operations taking place in structures or enclosed pens, riding academies; livery or boarding stables or kennels, subject to limitations listed herein, and provided that such uses are situated not less than 200 feet from any street line or property line.

(3)

Farm (agricultural) retail sales at roadside stands, subject to limitations listed herein, and provided that:

(a)

At least 75% of all products sold, by dollar volume, are grown or produced on the property.

(b)

The maximum gross floor area devoted to retail sales shall be limited to 2,000 square feet.

(c)

Vehicle access shall be limited to the following streets:

Almshouse Road

Bristol Road

Hatboro Road

Jacksonville Road (between Almshouse Road and Bristol Road)

Sackettsford Road

(4)

Single-family detached dwelling for the sole use of the property owner, immediate family members of the property owner and persons engaged in agricultural employment on the property. Immediate family members shall be limited to parents, grandparents, siblings, sons, daughters, grandsons and granddaughters, subject to limitations listed herein; and, provided that:

(a)

The dwelling is an accessory use to uses listed in Subsection 5B(1) and (2) herein.

(b)

There is no more than one dwelling per 30 acres of preserved area.

(5)

Passive or active recreation; provided, however, that any form of active recreation shall be on a nonprofit basis unless said preserved area is dedicated to Northampton Township.

So as to minimize the number of entities controlling different parcels of open space and preserved area necessary to provide the minimum requirement of preserved area/open space in any one cluster-designed subdivision:

(1)

All open space shall be owned in accordance with the requirements described in Subsection 6 and shall be designed as follows:

(a)

Open space shall be contiguous to lots within the cluster-designed subdivision.

(b)

The open space shall be readily accessible to all residents of the cluster-designed subdivision or, in the case of open space dedicated to the Township or other legal entity deemed appropriate by the Board of Supervisors, shall be easily and safely accessible to the general public.

(2)

Any preserved area shall be held in common ownership by a single landowner or other legal entity approved by the Board of Supervisors, including different members of one family; provided, that all such family members are recited in each deed for each parcel of the preserved area, subject to a restrictive covenant which would run with the land. Said restrictive covenant shall be written in a manner and form approved by the Board of Supervisors and the heritage conservancy, if deemed appropriate by the Board of Supervisors, wherein the property owner shall agree to the extent applicable to:

(a)

Restrict the property to those uses listed in Subsection 5B above, as may be amended from time to time.

(b)

Include the heritage conservancy or other similar agency as a third-party arbitrator between the Township and the owners of said preserved area to determine any disputes in the continued maintenance or use of said preserved area(s) consistent with this Part or with this section and to further act as a manager of said preserved area in the event that it is determined that the owners of the same fail to continue its use and operation consistent with this Part. In the event that the conservancy is requested to act as an arbitrator or manager hereunder, the administrative and management costs incurred by the conservancy in so acting shall be paid by the disputing parties in any arbitration or by the owner of the preserved area in the case of management costs. Upon completion of an arbitration, the losing party shall reimburse the winning party for administrative and management costs that it paid to the conservancy.

(c)

Obtain the approval of the Township for any subdivision or development of the property or construction on said property as limited by Subsection 5B above.

(d)

Provide the Township with at least 30 days' written notice of any transfer or sale of the property, with the Township having the right of first refusal.

(e)

Revert, transfer or retransfer the property to Northampton Township in the event that the landowner, conservation organization or other legal entity becomes unwilling or unable to continue carrying out its function.

In order to assure the conservancy that its administrative and management costs will be paid by the disputing parties during the course of an arbitration, said parties will deposit with a bank an amount to be held in escrow in accordance with the terms of a written escrow agreement prepared by the Township Solicitor, and approved by the conservancy, which shall be entered into by the disputing parties and the escrow agent. Such escrow agreement shall provide that, as the arbitration process continues, the escrow agent holding said funds will release from the funds deposited sums for the services rendered by the conservancy as arbitrator. The amount initially deposited with the escrow agent shall be an amount sufficient to cover costs of the conservancy in the arbitration process. Said amount shall be set up by the conservancy based on an estimate of the time and the amount of work that will be performed during the arbitration process. In the case where the conservancy is requested to take over as a manager of a preserved area, then the owner of said preserved area shall be required to post an escrow sum with a bank in accordance with the terms of a written escrow agreement prepared by the Township Solicitor, which shall be entered into by the owner, the conservancy and the escrow agent. Such escrow agreement shall provide that, as the conservancy's management and maintenance of the preserved area continues, the escrow agent holding said funds will release from the funds deposited sums for the services rendered by the conservancy as manager. The amount initially deposited with the escrow agent shall be an amount sufficient to cover costs of the conservancy that will be incurred in the management process. Said amount shall be set by the conservancy based on an estimate of the amount of work that will be performing during the management process.

Landowners utilizing open space or preserved area pursuant to the provisions set forth in Subsection 5B herein shall also grant to Northampton Township a conservation easement over the subject open space or preserved area. The documentation pertaining to said conservation easement must be reviewed and approved by the Board of Supervisors and the Township Solicitor.

Open Space.

Ownership of Open Space. The following forms of ownership, at the discretion of the Board of Supervisors, shall be used to preserve, own or maintain open space:

(1)

Condominium. The open space may be controlled through the use of condominium agreements. Such agreements shall be in conformance with the Uniform Condominium Act of 1980, as amended, 68 Pa.C.S.A. § 3101 et seq., and any other relevant statute. All open space land shall be held as a common element. Such land shall not be eligible for sale to another party except for transfer to another method of ownership permitted under this subsection and then only when there is no change in the open space ratio.

(2)

Homeowners Association. The open space may be held in common ownership by a homeowners association. This method shall be subject to all the provisions of the homeowners association set forth in Article VII of the Pennsylvania Municipalities Planning Code, as amended, 53 P.S. § 10701 et seq.

(3)

Fee-simple Dedication. The Township may but shall not be required to accept any portion or portions of the open space, provided that such land is freely accessible to the public, there is no cost involved and the Township agrees to and has access to maintain such lands. Such open space accepted by the Township in dedication may potentially be developed and used for any active or passive recreation, as the Township deems appropriate.

Homeowners Association Ownership of Open Space.

(1)

Homeowners Association. A homeowners association will be required if other satisfactory arrangements have not been made for improving, operating and maintaining common facilities of the open space, including streets, drives, service and parking areas and recreation areas. When required, the homeowners association must be established by the developer, and all property owners must be members of said association in accordance with the requirements and procedures outlined in the Pennsylvania Municipalities Planning Code or Uniform Condominium Act, as amended, 53 P.S. § 10101 et seq., and 68 Pa.C.S.A. § 3101 et seq., respectively, or any other relevant statute.

(2)

In the event that the County or Township refuses the offer of dedication of all or parts of such land prior to the issuance of any permits, arrangements shall be made to convey the same to the Bucks County conservancy or a duly constituted association of property owners under terms approved by the Township Solicitor and the Bucks County conservancy, if deemed appropriate by the Board of Supervisors. The property owners association responsible for any open space within the development shall be regulated by articles of association or incorporation, which shall include, as a minimum, provisions legally binding the members of the association, owners or occupants of the development to the payment of appropriate amounts to the association to assure the continued maintenance and improvement of all common property and to provide for adequate recourse for the Township in the event of nonpayment. Such land shall be used as one or more of the following:

(a)

Golf course or country club.

(b)

Private swimming pool or swimming club.

(c)

Game and play area.

(d)

Tennis courts.

(e)

Children's nursery or day-care center.

(f)

Any other use deemed appropriate by the Township for orderly development of the area.

(3)

The improvement of any open space shall conform to the pertinent standards of Chapter 22, "Subdivision and Land Development," and shall be in accordance with approved subdivision and land development plans.

(4)

In order to ensure the continued protection of natural features, open space shall be subject to a conservation easement granted to Northampton Township. The documentation pertaining to said conservation easement shall be reviewed and approved by the Board of Supervisors and the Township Solicitor.

Procedures. The use of cluster design principles for a cluster-designed subdivision requires approval of a conditional use and the issuance of a conditional use permit, which can be approved only by the Board of Township Supervisors of Northampton Township. The procedures established in §§ 27-901 and 27-902 of this chapter shall be used for such conditional use application for cluster developments, and further provided that the following requirements are met:

No conditional use for cluster development shall be recommended by the Planning Commission or approved by the Board of Supervisors unless, or except to the extent that, the standards and criteria set forth below are met and appropriate conditions and restrictions are attached to the approval to ensure continuing compliance therewith:

(1)

The site shall be adequate and appropriate for the proposed use in terms of size, topography, surface water drainage, sewage disposal and water supply accessibility.

(2)

Taking into consideration the character and type of development in the area surrounding the proposed cluster-designed subdivision, such use, as permitted, shall constitute an appropriate use in the area which will not substantially injure or detract from the use of surrounding property or from the character of the neighborhood. Single-family detached dwellings shall not be located directly abutting single-family detached dwellings of significantly higher unit value or lower density than the proposed dwellings, except where extensive natural buffering exists and will be retained, or can be created, so as to functionally and visually separate the two sites. In the alternative, any necessary transition between differing dwelling unit values and densities may be provided within the cluster-designed subdivision.

(3)

Existing public roads shall be adequate to serve additional traffic reasonably likely to be generated by the proposed use.

(4)

Development of the property for the proposed use shall promote or be consistent with the coordinated and practical community development, proper density of population, the provision of adequate public and community services and the public health, safety, morals and general welfare.

(5)

The proposed use shall be reasonable in terms of the logical, efficient and economical extension of public services and facilities such as public water, sewers, police and fire protection.

(6)

If the proposed site would be created by subdivision of a larger tract or parcel, the balance of such tract or parcel remaining shall be adequate and appropriate for its existing and continuing use in accordance with the foregoing standards.

(7)

Development of the site for the proposed use shall be susceptible of regulation by appropriate conditions and restrictions to:

(a)

Ensure compatibility of any building to be erected or altered with the surrounding area in terms of size, shape, materials and placement of structures.

(b)

Control traffic, noise, signs, lights, parking and other anticipated activity upon the premises to avoid or minimize any adverse effect upon the peace, quiet, privacy and the character of the surrounding area.

(c)

Provide adequate on-site parking for any reasonably anticipated volume of use, considering the standards set forth in Part 11 of this chapter as minimal.

(d)

Provide such landscaping as may be appropriate for protective buffering of and the promotion of harmony with adjoining residential or other permitted uses.

The application for the conditional use shall be referred to the Township Planning Commission by the Board of Supervisors. After a full review of the application, the Planning Commission shall transmit to the Board of Supervisors a written or oral report of its findings and recommendations, including all recommended conditions.

The Board of Supervisors shall consider the application and the report of the Planning Commission at a regular meeting. Upon request, the applicant and others affected by the application shall be afforded reasonable opportunity to be heard.

The Board of Supervisors shall approve or disapprove the application by resolution. In case of approval, it shall affirm, modify and/or supplement the conditions and requirements recommended by the Planning Commission, as the Board may find proper pursuant to the standards and criteria set forth herein. Unless otherwise provided in the resolution of approval, any subsequent extension of the approved conditional use shall require a reapplication.

All procedures for application and for the issuance of zoning and building permits under this chapter shall be applicable to developments under this Part and section.