The standards, requirements, and procedures contained in this
article shall govern the submission and processing of all applications
for subdivision and/or land developments in Norristown.
All applications for subdivision and/or land development shall
be classified as sketch plans, preliminary plans, final plans, or
minor plans, as further regulated herein. Figure 3.1 graphically presents
the general plan processing procedure.[1]
1.
Sketch plans. Norristown strongly recommends applicants submit a preapplication sketch plan for all plans in accordance with the requirements of § 282-302, Sketch plan submission requirements, and § 282-303, Sketch plan review procedure. Where only a portion of the property is currently proposed for subdivision or land development, a sketch plan shall show how the immediate proposal can fit logically into an overall plan for the entire site.
4.
Minor plans. Applications which qualify as minor plans are not required to submit a sketch plan and may be submitted for concurrent preliminary and final plan processing and approval, in accordance with the standards and requirements of § 282-309, Minor plan submission requirements and review procedure.
[1]
Editor's Note: Figure 3.1 is included at the end of this chapter.
1.
Purposes.
A.
The purposes served by a sketch plan are as follows:
1)
To inform Norristown of an applicant's intent to subdivide and/or
develop a property and to graphically show the concepts and extent
of the proposal.
3)
To show how a tract of land may be further subdivided or developed
in cases where only a portion of a property is currently under an
active proposal.
a.
This plan shall show a logical and efficient pattern of roads,
lots, and/or buildings, as appropriate for the type of plan proposed,
and shall not be acceptable if it proposes lotting or development
which is obviously impractical or questionable for reasons of floodplains,
steep slopes, relationships to other properties, or other site planning
constraints.
b.
A plan may be shown on the preliminary plan for the subject
site in the form of a reduced-scale inset drawing, although larger-scale
drawings are encouraged for review and discussion purposes.
B.
Sketch plans shall have no legal standing with regard to the formal
plan approval process mandated by the Pennsylvania Municipalities
Planning Code but shall be considered as a tool for discussion and
guidance regarding development issues.
2.
Sketch plan information. A sketch plan should be drawn legibly and
to scale, but it need not be a precisely surveyed or engineered plan,
and it should show the following information:
A.
The entire tract boundary, total acreage, and acreage of each lot.
B.
Existing and proposed streets, lots, buildings, and approximate building
envelopes.
C.
Significant physical features, such as floodplains, steep slopes,
woodlands, and existing structures.
D.
Contour lines at five-foot intervals, based on USGS datum.
E.
Approximate locations for stormwater control facilities, if necessary.
F.
Location plan showing the relationship of the subject tract to the
surrounding road network and major physical features.
G.
North point and scale.
H.
Name and address of the owner.
I.
Name and address of the engineer, surveyor or architect, if applicable.
J.
The zoning district requirements.
K.
Names of adjacent property owners.
L.
Any additional information which the applicant believes will help
explain the proposal.
3.
The applicant shall make a request to the Norristown Department of
Planning and Municipal Development to be scheduled on the meeting
agenda of the Norristown Planning Commission for presentation and
discussion of the sketch plan, provided the plan is received at least
45 days prior to the next Norristown Planning Commission meeting.
[Amended 9-19-2017 by Ord. No.
17-15]
The Planning Commission and Municipal Council shall review sketch
plans in accordance with the criteria contained in this chapter and
with other applicable ordinances. It shall provide informal dialogue
with the applicant and advise him/her as promptly as possible of the
extent to which the proposed subdivision or land development conforms
to the Norristown Comprehensive Plan and relevant standards of this
chapter and will discuss possible plan modifications that would increase
its degree of conformity. The applicant may also choose to submit
alternative sketch plans. A sketch plan review agreement may be used
to further define the roles and obligations of the applicant and Municipality
in the review process. Aspects of the sketch plan that shall be specifically
evaluated include but are not limited to:
1.
The location of all areas proposed for disturbance (streets, foundations,
yards, stormwater management areas, etc.) with respect to notable
features of natural or cultural significance as identified on the
applicant's existing resources and site analysis plan.
2.
The potential for street connections with existing streets, other
proposed streets, or potential developments on adjoining parcels.
3.
The location of proposed access points along the existing road network.
4.
The general location and extent of open space, preserved land, and
trail system.
5.
The location and extent and configuration of buildings, parking lots,
and common areas in multifamily and commercial developments.
6.
The proposed building density and imperious coverage.
7.
The compatibility of the proposal with respect to the objectives
and policy recommendations of the Comprehensive Plan, the Open Space
Plan, and other pertinent municipal plans and studies.
8.
Consistency with the Zoning Ordinance.
This section contains the requirements for preliminary plans
for subdivisions and/or land developments in terms of drafting standards,
basic information, existing features, and proposed features.
1.
Twenty paper copies of the preliminary plan shall be filed with the
Norristown Department of Planning and Municipal Development or other
designated staff, in person by the applicant or applicant's agent,
at the Norristown Planning Office during normal municipal business
hours. In addition to the paper copies of the plans required for submission,
the applicant shall also provide a compact disk with plan sheets in
a PDF or other acceptable software format.
2.
Notice of all applications for the approval of subdivision and land
development shall be given by conspicuously posting a written notice
of the application on the affected tract prior to submission of the
preliminary plans. This notice shall adhere to the following:
A.
The notice must remain in place until final plan approval is given.
B.
The notice shall be printed on a sign with the minimum dimensions
of 36" x 24", of the types used for real estate sales.
C.
The sign shall state the following: "This property is subject to
a subdivision and land development application in Norristown."
D.
The sign(s) shall be posted in such locations that are clearly visible
from adjacent properties and adjacent roadways.
E.
Proof of posting by way of a dated photograph must be provided in
the application submitted to the Municipality of Norristown.
4.
Drafting standards. Plans shall be professionally prepared in compliance
with the following:
A.
The plan shall be drawn to a standard engineering scale not exceeding
50 feet to the inch.
B.
Sheet size shall be 15" x 18", 18" x 30", or 24" x 36", appropriately
related to the scale of the drawing.
C.
All sheets shall be the same size and shall be numbered relative
to the total number of sheets (i.e., 1 of 5, etc.)
D.
Where two or more sheets are needed to show the entire tract, a reduced-scale
key plan shall be provided to show how the sheets fit together. Match
lines shall be shown.
E.
A reduced-scale plan of the entire site at a scale greater than one
50 feet to the inch may be required in cases where it would facilitate
the review and approval process. A waiver request for the plan scale
is required.
F.
Property lines shall be drawn and labeled in conformance with the
Act of May 23, 1945 (P.L. 913, No. 367), known as the "Professional
Engineers Registration Law,"[1] and accepted surveying and civil engineering practices,
including dimensions shown in feet and decimal fractions thereof and
bearings shown in degrees, minutes, and seconds.
1)
Tract boundary lines shall be the heaviest property lines.
2)
Proposed lot lines shall be the next heaviest.
3)
Possible future lots, if shown, shall be the lightest line weight
and may be shown as dashed lines.
4)
Property lines to be eliminated where two lots are proposed
to be joined in common deed should be properly noted and depicted
on the boundary to be removed.
[1]
Editor's Note: See 63 P.S. § 148 et seq.
5.
Basic information. All preliminary plans shall show the following
basic information:
A.
Name of the subdivision or land development.
B.
Name, address and phone number of the applicant.
C.
Name, address and phone number of the firm which prepared the plan
and professional seal of the individual certifying its accuracy and
compliance with applicable standards.
D.
Date of preparation of the plan and a descriptive list of revisions
to the plan with any subsequent revision dates.
E.
North point and graphic and written scale.
F.
Location plan (key map) showing the relationship of the subject tract
to the surrounding road network and major physical features, with
a scale not less than 800 feet equals one inch.
G.
The entire tract boundary with bearings and distances and total tract
acreage.
H.
A chart listing the basic dimensional, density and parking requirements
of the applicable zoning district, compared to the applicant's
proposal, indicating, where applicable, any zoning relief required.
I.
Zoning classifications of all lands abutting the proposal.
J.
Names of all current owners of immediately adjacent lands.
L.
Description of variances or special exceptions, conditions of their
approval, and the dates they were granted, if any.
M.
Description of and reference to the section of the Subdivision and
Land Development Ordinance for any waivers requested.
N.
Description of any deed restrictions or other covenants affecting
development of the tract. This information should contain the name
of the easement holder or parties in the covenant agreement and a
reference to their deed and page book recording location.
O.
The requirements of any other local ordinance which may affect the
proposal.
P.
Legend sufficient to indicate clearly between existing, required,
and proposed conditions.
Q.
Name and address of the owner of record if different from the applicant.
R.
Tax parcel number of all parcels being subdivided or developed.
S.
Deed book and page numbers for all parcels being subdivided or developed.
T.
A note shall be shown on the plan which states "Preliminary Plan
- Not to be Recorded."
6.
Existing features plan. Within the tract proposed for subdivision
and/or land development, and within 100 feet of the tract boundaries,
the following information shall be shown on the preliminary plan:
B.
Water resources, including:
1)
Ponds.
2)
Wetlands, swamps, or marshes.
3)
Watercourses and springs.
4)
Existing well locations - in use, capped, and abandoned.
5)
Existing cisterns.
6)
Flood-prone or floodplain areas, including data from FEMA studies,
supporting hydrologic and hydraulic data for one-hundred-year flood
limits, or the Montgomery County Soil Surveys, when applicable, as
determined appropriate by the Municipal Engineer for the watercourse(s)
affecting the site.
F.
Other natural features, including:
7.
Proposed features and lotting plan. Within the tract proposed for
subdivision and/or land development, the following information shall
be shown on the preliminary plan:
A.
Subdivision and/or land development layout.
1)
Proposed streets, alleys, driveways, and parking areas, including:
a.
Names or other identification.
b.
Right-of-way widths and lines.
c.
Cartway widths.
d.
Center-line courses, distances, and curve data.
e.
Curblines.
f.
Radii at intersections.
g.
Street location tie-ins by courses and distances.
h.
Capacity of parking areas.
i.
Sight distance at proposed intersections with existing streets.
2)
Layout and dimensions of all lots, including the net lot area
as defined within the Zoning Ordinance.
3)
All building setback lines.
4)
All parking setback lines, where applicable.
5)
Proposed sidewalk or other walkway locations.
7)
8)
9)
Impervious coverage area calculations.
B.
Grading and drainage plan. The following information shall be shown
on the preliminary plan:
1)
Proposed contours for the entire site at the contour interval
of the plan.
3)
Stormwater management and erosion control and sedimentation
facilities, including:
a.
Basins.
b.
Swales.
c.
Diffusion devices.
d.
Velocity controls.
e.
Pipe locations.
f.
Pipe sizes and materials.
g.
Direction of flow.
h.
Gradient of flow.
i.
Inlets, catch basins, and manholes.
j.
Invert elevations.
k.
Design calculations for these facilities shall be submitted
in report form with a note on the plan referencing the report.
C.
D.
Cross sections, profiles, structural designs. The following shall
be provided:
1)
Cross-section and center-line profile for each proposed or widened
cartway, driveway, or parking area shown on the preliminary plan,
including:
a.
Road center-line grades and vertical curvature, including road
center-line elevations shown at horizontal intervals of 25 feet along
vertical curves and 50 feet for straight grades.
b.
Profiles for sanitary sewers, water mains, and storm drains,
including locations of manholes, inlets, and catch basins.
2)
Preliminary design of any bridges, culverts, or other structures
and appurtenances which may be required.
E.
Additional plans. Other plans as required to comply with the Norristown
Zoning Ordinance or other provisions in the Norristown Zoning Ordinance.
The procedure contained in this section shall regulate the review
of preliminary plans for subdivision and land development.
1.
The Municipality will conduct a cursory review of the application,
administrative forms, and preliminary plans, and other required studies
and reports to ensure that the submission appears to be complete and
will then stamp the plans with the plan filing date. The Municipality
shall have five working days from the date of the submission to determine
if it is in proper form and contains the required information. If
complete, the date of the submission shall be considered as the date
of the application as duly filed. If the submission is found to be
incomplete or defective, a statement of rejection itemizing the deficiencies
will be mailed to the applicant within five business days and the
submission will be returned. Acceptance for filing shall not constitute
a waiver of any deficiencies or irregularities. The applicant may
appeal a decision made under this section to the Municipal Council.
2.
The preliminary plan shall be placed on the agenda of the next regularly
scheduled meeting of the Norristown Planning Commission following
the plan submission date, provided that plans are received at least
30 days prior to that date.
[Amended 9-19-2017 by Ord. No.
17-15]
3.
Norristown shall distribute copies of the plan to the following for
review and recommendations:
5.
Upon completion of its review of the preliminary plan, which should
include consideration of the timely recommendations of the Municipal
Engineer, Montgomery County Planning Commission, and other technical
advisors when requested, the Norristown Planning Commission shall
communicate its recommendations to the Municipal Council.
6.
The Municipal Council shall have a ninety-day time period to act
on the plan, unless the applicant has agreed, in writing, to an extension
of the time period. The ninety-day time period shall be measured from
the date of the next regularly scheduled Norristown Planning Commission
meeting following the plan filing date, provided that, should the
next meeting of the Norristown Planning Commission occur more than
30 days after the plan filing date, the ninety-day period shall be
measured from the 30th day after the plan filing date.
7.
If an extension of the ninety-day time period is applied, it shall
be measured from the expiration of the original ninety-day period.
A time extension shall postpone the deadline and effects of the ninety-day
time period for the additional number of days agreed to in writing
prior to the last scheduled Municipal Council meeting within the ninety-day
plan review period.
8.
The Municipal Council shall consider the preliminary plan application
at one or more of its public meetings during the ninety-day time period,
and/or extension thereof if applicable, and shall render a decision
on the plan following receipt of the recommendations of the Norristown
Planning Commission, Municipal Engineer, Montgomery County Planning
Commission, and/or other technical advisors as requested.
A.
Provided, in accordance with the Pennsylvania Municipalities Planning
Code, that the Municipal Council shall not approve an application
until the Montgomery County Planning Commission report of its recommendations
is received or until the expiration of 30 days from the date the application
was forwarded to the county.
B.
In accordance with the policies of the Montgomery County Planning
Commission, the date the application was forwarded to the county shall
be considered to be:
9.
Procedure following the Municipal Council decision. When the Municipal
Council makes a decision on a preliminary plan, one of following procedures
will be followed, depending on the type of decision:
A.
Denial. If the Municipal Council denies approval of a preliminary
plan, then the written notification to the applicant shall specify
the defects found in the application and describe the requirements
which have not been met and shall cite the provisions of the statute
or ordinance relied upon.
B.
Approval. If the Municipal Council approves a preliminary plan as
filed by the applicant, then the Secretary will so certify thereon,
and a copy of the approved plan will be forwarded to the applicant.
The applicant shall the submit two paper copies of the approved plan
for Norristown's seal and signature.
C.
Approval subject to conditions.
1)
If the Municipal Council approves a preliminary plan conditioned
upon the performance of any act or the obtaining of any other approval
or permit by the applicant, the applicant shall be given the opportunity
to accept or reject the conditions within a ten-day period. The approval
of the plan shall be rescinded automatically without action of the
Municipal Council, at the end of 10 days from the date at which conditional
approval was granted or notice received by the applicant regarding
the conditional approval, upon either the applicant's failure
to execute the written acceptance or upon rejection of such conditions
by the applicant. Written notice will be provided to the applicant
in the following manner:
a.
Specify the conditions of approval and request the applicant's
written agreement to the conditions.
b.
State that the application will be denied if the applicant does
not agree to the conditions, and specify the defects found in the
application, describe the requirements which have not been met, and
cite the provisions of the statute or ordinance relied upon for denial
of the plan.
c.
State that the plan approval shall be rescinded automatically
upon the applicant's failure to accept or reject the conditions
within 10 days following the decision by Norristown to grant conditional
approval.
2)
Following submission of written agreement to the conditions
specified by the Municipal Council, the applicant shall submit two
paper copies of the preliminary plan which show compliance with the
conditions, by plan revision or notation, for Norristown's seal
and signatures.
D.
Written notification of the Municipal Council's decision shall
be communicated to the applicant personally or be mailed to the applicant's
last known address not later than 15 days following the decision.
10.
Effective period of approval. Approval will be effective for a period
of five years from the date of plan approval, unless extended in writing
by the Municipal Council.
A.
No subsequent change or amendment in the zoning, subdivision, or
other governing ordinance or plan shall be applied to affect adversely
the right of the applicant to commence and to complete any aspect
of the approved development in accordance with the terms of approval
within that five-year period.
B.
In the case where preliminary and final plan approval are concurrent,
the five-year period shall be measured from the date of that concurrent
approval.
C.
In a case of a preliminary plan calling for the installation of improvements
beyond the five-year period, a schedule shall be filed by the applicant
with the preliminary plan delineating all proposed sections as well
as deadlines within which applications for final plan approval of
each section are intended to be filed.
1)
Such schedule shall be updated annually by the applicant, on
or before the anniversary of the preliminary plan approval, until
final plan approval has been granted to the final section.
2)
Any modification in the aforesaid schedule shall be subject
to approval of the Municipal Council, in its discretion.
3)
Each section in any residential subdivision or land development,
except for the last section, shall contain a minimum of 25% of the
total number of dwelling units as shown on the preliminary plan, unless
a lesser percentage is approved by the Municipal Council, in its discretion.
4)
For any section or sections, beyond the initial section, in
which the required improvements have not been substantially completed
within the initial five-year period, the terms of § 282-305.7
above shall also apply to each subsequent section for an additional
term of three years from the date of final plan approval of each section.
All final plans for subdivisions and/or land developments shall
consist of two basic parts, the improvements construction plan and
the record plan, and shall comply with the requirements of this section.
Information on the final plans should reflect the approved preliminary
plans and any conditions made in the approval of them.
1.
Fifteen paper copies plus one CD of the final plan shall be submitted
to the Norristown Department of Planning and Municipal Development,
in person by the applicant or applicant's agent, during normal
municipal business hours.
2.
Improvement construction plan.
A.
Drafting standards. The same standards shall be required for an improvement
construction plan as for a preliminary plan, except that the horizontal
scale of the plan and profile shall not exceed 50 feet to the inch
and the vertical scale of the plan shall be two, four, or five feet
to the inch, whichever is most appropriate.
B.
Information to be shown. The plan shall contain sufficient information
needed for the construction of the proposed streets, or any portion
thereof, including all appurtenances, sewers and utilities, as shown
on the approved preliminary plan. This information shall include:
1)
Horizontal plan. The horizontal plan shall show details of the
horizontal layout as follows:
a.
Information shown on the approved preliminary plan.
b.
The beginning and end of proposed immediate and future construction.
c.
Stations corresponding to those shown on the profiles.
d.
The curb elevation and tangent points of horizontal curves at
road or alley intersections and at the projected intersections of
the curblines.
e.
The location and size of sanitary sewers and lateral connections
and water mains, with distances between manholes, gas, electric and
other utility pipes or conduits, and of storm drains, inlets and manholes.
f.
The location, type and size of curbs and all paving widths.
g.
The location of fire hydrants and streetlights.
2)
Profiles. The profiles shall show details as follows:
a.
Profiles and elevations of the ground along the center lines
of proposed streets.
b.
Profiles of sanitary sewers with a profile over the sewer of
the existing and finished ground surface showing manhole locations
beginning at the lowest manhole.
c.
Profiles of storm drains showing catch basins, inlet, and manhole
locations, sales, ditches, or related features.
d.
Profiles of water mains.
3)
Cross sections. The cross section for each classification of
street shall comply with Norristown's standards and specifications
as minimum requirements. It shall show a typical cross section across
the road with details of grading and construction as follows:
a.
The ultimate right-of-way width and the location and width of
the cartway.
b.
The type, depth and crown of paving.
c.
The type and size of curb.
d.
When sidewalks are required, grading of the sidewalk area should
be carried to the full width of the ultimate right-of-way.
e.
The location, width, type and depth of sidewalks, when required.
f.
The typical locations, size and depths of sewers and utilities.
g.
Proposed grading to the ultimate right-of-way line.
4)
Additional information. The following additional information
shall be submitted with the final plan.
a.
All required local, state, and federal permits shall be submitted.
These permits may include: Montgomery County, PennDOT, or Norristown
road access permits; and PADEP permits for drainage, stream alteration,
wetlands encroachment, water quality discharge, dams, erosion, and
sedimentation control, air-pollution, or sanitary sewage facilities.
b.
The following statements shall be required on the final plan:
1.
"The approved improvement construction plan, a copy of which
may be inspected at the Municipal Office, has been made a part of
the approved final plan."
2.
"For access to a highway under the jurisdiction of PennDOT,
a highway occupancy permit is required, pursuant to Section 420 of
the Act of June 1, 1945 (P.L. 1242, No. 428), known as the "State
Highway Law." Access to the state highway shall be only as authorized
by the highway occupancy permit."
c.
All engineering calculations which support the proposed improvements,
such as drainage calculations, sanitary facility design calculations,
or structural calculations.
d.
Certification of inspection and satisfactory functioning of
any on-lot sewage disposal system which will remain in use, in accord
with current industry, DEP, or County Health Department standards.
e.
Developments utilizing public water or sewer facilities should
provide proof that those services will be provided.
f.
Sewage facilities plan approval from the Municipal Sewer Authority
(and PADEP).
g.
Approval of the erosion and sediment control plan from the Montgomery
County Conservation District.
3.
Record plan.
A.
Drafting standards. The same standards shall be required for a record
plan as for a preliminary plan, and in addition, for recording purposes,
the plans shall be placed on sheet sizes of 15" x 18", 18" x 30",
or 24" x 36". All lettering and lines should be drawn to be legible
if the plan is reduced to half size. A two-inch border on the left
side of the plan should be free of information.
B.
Information to be shown. The plan, which shall include all portions
of an approved preliminary plan, shall also show:
1)
Basic information, as required for a preliminary plan, § 282-304.5.
2)
Courses and distances sufficient for the legal description of
all the lines shown on the plan. The error of closure shall not be
greater than one part in 5,000.
3)
Names or identification of the following:
a.
Abutting owners.
b.
All dimensional and technical descriptions of roads.
c.
Easements.
d.
Rights-of-way.
e.
Open space, recreation, and/or other common use areas.
f.
Other public improvements.
g.
For land development plans, all additional information pertinent
to the location and construction of site improvements, including buildings,
walks, parking, driveways, and other related facilities.
h.
Parcel identification number.
i.
Montgomery County Planning Commission file numbers.
4)
All lots deeded to the ultimate right-of-way so that a single
deed may be drawn to the appropriate body having jurisdiction for
the dedication of streets by the applicant.
5)
Evidence that the plans are in conformance with the Zoning Ordinance
and other applicable municipal ordinances and regulations. In any
instance where such plans do not conform, evidence shall be presented
that an exception, waiver, or variance has been officially authorized.
6)
The location, material and size of all existing and proposed
monuments, with reference to them.
7)
Building setback lines with distances from the ultimate right-of-way
line, and property lines.
8)
Appropriate notes and conditions governing the use or development
of the proposed property.
4.
Certifications. When approved, the record plan must show:
A.
The signature and seal of the registered engineer and surveyor certifying
that the plan represents his/her work, that the monuments shown thereon
exist as located, that the dimensional and geodetic details are correct,
and that the survey has been prepared in accordance with the Pennsylvania
Engineers Registration Law, P.L. 913, No. 367.
B.
The signature of the applicant certifying his adoption of the plan.
C.
The signature of the Municipal Administrator, certifying that the
Municipal Council approved the final plan on the date shown.
D.
A blank space shall be provided for the stamp and seal of the Montgomery
County Planning Commission and shall be located along the right-hand
edge of the plan, measuring 3 1/2 inches wide and 2 1/2
inches tall.
Final plans shall be submitted and reviewed in accordance with
the procedure contained in this section.
1.
The application for approval of the final plan shall be placed on
the agenda of the next regularly scheduled meeting of the Municipal
Planning Commission following the plan submission date, provided that
plans are received at least 30 days prior to that date.
[Amended 9-19-2017 by Ord. No.
17-15]
2.
Norristown staff shall distribute copies of the plan to the following
for review and recommendations:
4.
A final plan for an application that has been previously granted
preliminary plan approval shall be approved by the Municipal Council
when it is assured that:
A.
The final plan conforms to the approved preliminary plan and any
conditions made in the approval of it.
B.
All engineering and other technical details have been resolved to
the satisfaction of the Municipal Engineer, as evidenced by a letter
from the Municipal Engineer, and to the satisfaction of other technical
advisors, when requested by the Municipal Council.
C.
A signed recommendation is received from the Planning Commission
if specifically requested by the Municipal Council.
D.
All financial security and development agreements have been found
satisfactory by the Municipal Council, under the review and advice
of the Solicitor, all security has been posted, and all agreements
have been executed.
1)
When requested by the developer, in order to facilitate financing,
the Municipal Council shall furnish the applicant with a signed copy
of a resolution indicating approval of the final plan contingent upon
the applicant obtaining a satisfactory financial security.
2)
The final plan shall not be signed nor recorded until the financial
security agreement and development agreement have been signed by the
developer.
3)
The resolution of contingent approval shall expire and be deemed
to be revoked if the financial security agreement and development
agreement are not executed within 90 days, unless a written extension
is granted by the Municipal Council.
E.
The plan complies in all respects with applicable municipal ordinances
or that appropriate variances or waivers have been granted for features
that do not comply.
F.
All necessary permits have been obtained from the applicable regulatory
agencies, authorities, or departments.
5.
When the final plan is approved, the applicant shall present four
copies of the plan (three paper and one Mylar) to be signed by the
Municipal Council and the Municipal Administrator, together with the
date of the approval and official Municipal Seal. Digital shape files
in a version required by the Municipality of the appropriate proposed
public improvements and lots shall also be provided at the time.
Within 90 days following final plan approval or 90 days following
the delivery of the signed plans to the applicant by Norristown following
completion of conditions imposed for such approval, the applicant
shall record the final plan in the office of the Recorder of Deeds
of Montgomery County.
1.
In accordance with the Pennsylvania Municipalities Planning Code,
whenever final plan approval is required by a municipality, the Recorder
of Deeds shall not accept any plan for recording unless it contains
the official approval of the Municipal Council and certification of
review by the County Planning Commission.
2.
Prior to recording, the applicant shall present the municipally approved
plan to the Montgomery County Planning Commission and for its stamp
and seal, with one paper copy given to the County Planning Commission
for its files.
3.
Within seven days of recording, the applicant shall deliver to the
Director of Planning and Municipal Development one Mylar copy of the
record plan showing thereon the plan book, page number and date of
the recording.
Minor plans may be submitted and processed only for lot line
adjustments, simple conveyances, minor subdivisions, and minor land
developments as characterized herein, in accordance with the standards
and requirements in this section.
1.
Standards for qualification as a minor plan submission.
A.
Lot line adjustment.
1)
A proposal between two abutting, existing, legally approved
and recorded lots.
2)
A common lot line is proposed to be adjusted in terms of its
location or configuration.
3)
The land area of each lot may be different after adjustment,
but the total lot area of the two lots will be unchanged.
4)
No alteration will occur to the perimeter boundary lines of
the two lots.
5)
Neither lot shall violate the applicable dimensional requirements
of the Zoning Ordinance as a result of the lot line adjustment.
6)
Possible reasons for lot line adjustments include, but are not
necessarily limited to:
B.
Simple conveyance.
1)
A proposal between two abutting, existing, legally approved
and recorded lots.
2)
A portion of one lot is being divided off to be conveyed to
the owner of the abutting lot.
3)
The land area of each lot will be different after conveyance,
but the total lot area of the two lots will be unchanged.
4)
The lot from which the land is being conveyed must be suitable
in terms of the applicable dimensional requirements of the Zoning
Ordinance so that, after conveyance, it will remain in compliance
with those requirements.
5)
The land area being conveyed need not satisfy any of the dimensional
requirements applicable to lotting in the district in which it is
located, nor the street frontage requirements of the Zoning Ordinance,
provided that it shall be deed restricted to the extent that it may
not be transferred independently but must be transferred together
with the lot to which it is being functionally added by the process
of simple conveyance.
C.
Minor subdivision.
1)
A subdivision proposal which would divide one existing lot into
up to three lots, all of which comply with the applicable dimensional
requirements of the zoning district in which the existing lot is located.
2)
The existing lot has sufficient frontage on an existing, improved
public street to satisfy the applicable municipal requirements for
lot frontage and access to a public street for both proposed lots.
3)
The existing lot has not been a part of an approved subdivision
proposal during the five years previous to the current application.
4)
The subdivision will not require new road construction, road
improvements, or the extension of existing public utility lines.
5)
The proposal will not involve significant stormwater and/or
erosion control issues, as determined by the Municipal Engineer.
6)
Disqualification. The Municipal Council may require standard
preliminary plan submission in place of a minor plan when conditions
warrant it, at the advice of the Planning Commission or Engineer.
D.
Minor land developments.
1)
A land development proposal where it is found by the Department
of Planning and Municipal Development that the intended development
or modification of a site, or use and occupancy of an existing structure,
will create a minimal impact upon traffic, drainage, visual image,
landscaping, buffering, lighting or other elements described within
the purposes of this chapter.
2)
Parking lot expansions.
3)
Additions to existing nonresidential buildings, provided that
the addition is less than 5,000 gross square feet and involves no
more than a 25% change in the size of the existing building.
2.
Submission requirements and review procedure.
B.
When a minor plan qualifies for approval, or for approval subject
to conditions, in accordance with § 282-309.1 herein, the
minor plan may be granted concurrent preliminary and final plan approvals,
provided that the plan includes the final plan certifications required
by § 282-306.4 herein and complies with § 282-307.3
herein.
C.
A minor plan is not required to include an improvements construction
plan or a record plan as required by § 282-306.2 and 3 herein.
D.
A minor plan which will require access to a state highway shall provide
the "highway access" statement on the plan, as required by § 282-306.2.
No subdivision or land development approval is needed for a de minimus improvement, as defined in § 282-201, if an applicant who wishes to proceed under these provisions shall submit to the municipal staff the following for their review:
1.
A building permit application setting forth the proposed improvement,
the cost thereof, and any changes to be made to the land.
2.
Where the project has a previously recorded land development plan,
the applicants must file an amended land development plan for the
record.
A.
The plan, when filed, shall undergo engineering, HARB (where applicable),
and zoning review to address all zoning issues, such as trash enclosures,
landscaping, site access, and stormwater management. An escrow shall
be established with the Municipality to cover appropriate fees for
plan review as determined by staff.
3.
Any given building may have no more than three de minimus improvements, as long as the cumulative additions do not exceed the definition set forth in Article II and each application will contain a statement to effect that the cumulative de minimus improvements granted, and including the current application, require fewer than five parking spaces and the total addition of improvements does not exceed 1,000 square feet.
4.
Upon completion of the appropriate staff review, if the applicant
agrees in writing to the conditions, improvements, and/or requirements
determined by the review, the application will be approved and the
appropriate permits will be issued. In the event that the applicant
does not agree with the review conclusions, the application is deemed
denied, and the applicant may elect to resubmit the application under
the standard land development procedures as set forth herein.
Norristown may consider changes to plans that are submitted
as preliminary or final plans if they are resubmitted in the following
manner:
1.
Fifteen copies of the resubmitted plans must be filed with the Planning
Department during regular business hours.
2.
The resubmission must be accompanied by a completed application form.
3.
The applicant shall grant an extension of the ninety-day review time
as a condition of filing a resubmission if requested by Norristown.
4.
All plans or other supporting studies or materials being replaced
by the resubmission shall be officially withdrawn from the filed application
by the applicant and will no longer be considered by Norristown.
5.
Additional review fees may be required by Norristown.
The applicant is responsible for making the appropriate applications
for various federal, state, county, and Municipality permits or other
approvals. These should be sought in a timely manner that fits into
the overall plan review and approval process described in this article.
To the extent that the applicant is required to modify the plan as
a result of permits or other approvals, the applicant is still required
to comply fully with the Norristown Subdivision and Land Development
and Zoning Codes.
All developers, owners, builders, or agents representing them
who are selling a vacant subdivided residential lot or a newly constructed
home to a member of the general public shall adhere to the following
disclosure requirements:
1.
The seller of any newly constructed residential property or subdivided
lot for residential building shall prominently display the approved
subdivision or land development in the location where property sales
are transacted so as to be plainly visible to all potential buyers.
The approved subdivision or land development plan shall include the
record plan complete with all approval notations and all accompanying
plans approved with the record plan.
2.
Before signing a sales agreement for a newly constructed property
or a newly subdivided lot for a residential building, buyers shall
sign a disclosure statement that verifies that the seller has been
forthright and explained all information described below, which is
clearly displayed on plans with appropriate narrative materials:
A.
Common areas, such as parklands, streets, and open space, which are
part of the subdivision or land development or adjacent to it. Any
improvements to these common areas that may occur in the future as
described during the development process or as noted on the plans
should be discussed.
B.
All lot lines in the development.
C.
All limits to the use of the lot subject to purchase, including the
setbacks for building, building coverage restrictions, and height
restrictions.
D.
All uses permitted in the development under current zoning.
E.
All dimensional requirements for accessory structures on the lot
to be purchased.
F.
Any easements or deed restrictions in the development and what limitations
they make to the property.
G.
Membership requirements for a homeowners' association. A copy
of the homeowners' association or condominium agreement shall
be provided.
H.
The location of all wetlands in the development.
I.
The location of all one-hundred-year floodplains in the development.
J.
The location all stormwater management facilities.
K.
The zoning of the land that adjoins the development.
L.
Proposed new road rights-of-way in or adjoining the development,
including the extension of temporary culs-de-sac.
3.
A signed copy of the buyer agreeing to all requirements stated by
the homeowners' association shall be submitted by the seller
to Norristown prior to issuance of a building permit.
