[Ord. 160, 4/6/1977; as amended by Ord. 295, 8/9/1989; and by Ord. 436, 5/13/1998]
1.
A conditional use is distinguished from a use by right in that all
such uses can be allowed or denied by the Board of Supervisors of
Northampton Township after consultation with the Northampton Township
Planning Commission and pursuant to specific standards and criteria
set forth in this chapter.
2.
Certain conditional uses have been incorporated in the zoning districts
established by this chapter.
3.
The following factors and criteria shall apply to all conditional
uses permitted within any zoning district:
A.
The importance of the proposed conditional use to the Township or
the region.
B.
The availability of alternative sites or location for the proposed
use.
C.
The compatibility of the proposed use with existing and foreseeable
nearby uses.
D.
The relationship of the proposed use to the goals and objectives
of the Township Comprehensive Plan.
E.
The potential physical impact of the proposed use upon the neighborhood
and upon nearby streets, roads and highways in terms of vehicular
traffic and pedestrian safety.
F.
The safety of personal property if a proposed use is allowed (for
example, storage in a Floodplain and Flood Hazard District).
G.
The absolute need for a proposed use if viable alternative locations
exist and such use, in its proposed location, has identified detriments.
H.
The effect of the proposed use upon the public water and public sewerage
systems or, alternatively, the lack of availability of connection
to such systems.
I.
The overall environmental impact of the proposed use upon the proposed
site, the watershed and, particularly, the surface water drainage
effects on all downstream properties.
4.
Conditions of Approval. In allowing a conditional use, where such
use is permitted, the Board may attach such reasonable conditions
and safeguards as it may deem necessary to implement the purposes
of the Pennsylvania Municipalities Planning Code, as amended, 53 P.S.
§ 10101 et seq., and this chapter. Among such conditions,
without limitation because of specific enumeration, which may be included:
A.
Specific modifications to area and development regulations as might
be otherwise required.
B.
Specific studies prior to or subsequent to approval of the use or
uses including, but not limited to, traffic impact analyses, special
storm drainage studies, preliminary architectural renderings, economic
feasibility analyses and similar factual reports or drawings related
to the proposed use.
C.
Agreements for the provision of additional utility requirements or
traffic safety facilities which might be required to support the proposed
use.
D.
The securing of additional easements or property for access or utilities
to assure proper site design.
[Ord. 160, 4/6/1977; as amended by Ord. 210, 5/9/1984; by Ord. 295, 8/9/1989; by Ord. 367, 8/11/1993; and by Ord.
423, 8/13/1997]
1.
Procedures for conditional uses shall be as follows:
A.
The applicant shall file an application for a conditional use permit
with the Board of Supervisors. The application shall contain the following
materials:
(1)
Appropriate design plans and/or specifications, in conformance
with the requirements for a preliminary land development plan.
(2)
Photographs depicting the site.
(3)
Appropriate engineering responses to any identified or suspected
site development problem.
(4)
Other related information required to support the application.
B.
The Board of Supervisors shall conduct a public hearing pursuant
to public notice. The public hearing shall commence within 60 days
from the date the Township receives the request for a conditional
use permit application. Written notice of the decision of the Board
of Supervisors shall be given within 45 days after the date of the
last hearing.
C.
In considering any conditional use application, the Board of Supervisors
shall consult with the Township Planning Commission, the Township
Engineer and other technical experts to determine the feasibility
of such proposed use.
[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]
2.
Purpose for Cluster Design. The purpose for cluster design is to:
A.
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.
B.
Provide incentives to meet housing and environmental goals or to
provide public or special facilities.
C.
Provide standards of performance which make the unique characteristics
of the land or site the determinants of its capacity for residential
use.
3.
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:
A.
Dimensional requirements and performance standards shall be in accordance
with the provisions of this Part.
B.
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.
C.
Ownership, maintenance and use of open space and preserved area(s)
shall be in accordance with the provisions of this Part and Part 10.
D.
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.
E.
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.
F.
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.
4.
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.
A.
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.
B.
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.
|
C.
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
|
D.
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.
|
E.
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.
5.
Open Space and Preserved Areas; Agricultural-Residential District.
Open space and preserved areas shall be provided as follows:
A.
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.
B.
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:
(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.
C.
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.
D.
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.
E.
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.
6.
Open Space.
A.
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.
B.
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:
(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.
7.
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:
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
