[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.
