Applicants shall provide common open space for all subdivisions
and land developments in conformance with the standards of this section.
1. Open space criteria. Open space set aside in fulfillment of the requirements
of this article shall be in accordance with the following standard
and principles:
A. Open space shall be consistent with the plans and proposals outlined
in Norristown's adopted park and open space plans. The Municipal
Council shall review the consistency of the proposed open space with
the recommendation of the Norristown Planning Commission and Norristown
Open Space Board.
B. Open space shall be interconnected with permanently preserved land
on abutting property, if possible, including provisions for public
accessways for general public use to permit residents safe and easy
access to areas of the said open space.
C. Open space shall be a cohesive whole if possible, except that two
or more parcels connected by legal public access provisions may be
determined to be in the public interest.
D. Open space shall have frontage on a public or private road or easement
capable of providing suitable grade for access to the open space from
the frontage for maintenance vehicles and equipment traffic.
E. Open space may include land within utility corridors only if the
utility companies having legal rights to these corridors do not prohibit
their use for such purposes.
F. Open space shall be sited on the land that has physical characteristics
capable of serving the purposes intended for such areas and with a
design for recreational use and development that is sensitive to the
site physical characteristics.
G. Open space shall have a close visual and physical relationship to
as many dwelling units as reasonably possible yet be sited with sensitivity
to surrounding land use.
H. Open space shall protect environmentally sensitive and/or aesthetic
features and be landscaped to provide sufficient man-made screening
or buffer areas to minimize any negative impacts upon adjacent development.
2. Recreation facility requirements.
A. Figure 4.1 lists the recreation facilities required by all residential
subdivisions and land developments.
B. At the discretion of the Municipal Council, upon recommendation of
the Norristown Planning Commission, land developments with greater
than 175 dwelling units proposed may have increased recreation facility
requirements.
C. The Municipal Council, upon recommendation of the Norristown Planning
Commission, may accept alternative recreation facility design if it
can be shown to be more desirable and provide an equal level of service
to residents.
3. Tot lot requirements.
A. Tot lot. A confined, developed, neighborhood play area primarily
for use by preschool-age children under the supervision of parents
or guardians.
B. Use of tot lots shall be limited to daylight hours only; no lighting
shall be installed unless required by the Municipal Council.
C. Low-maintenance play equipment and structures shall be included and
confined by a gated fence, a minimum of three feet high. The gate
shall be self-closing and self-latching.
D. Sitting areas, including benches, shall be provided for the convenience
of persons supervising the children.
E. Shade trees shall be provided for sitting and play areas; gazebo
or picnic-type shelters may be used in addition to shade trees.
F. When a tot lot is placed adjacent to the playfield, practical measures,
such as fencing and orientation of facilities, shall be used to reduce
hazards, especially from balls or other flying objects.
G. Minimum dimensional standards shall be as follows:
1)
Minimum area: 1,500 square feet within the fenced areas. Applicants
shall provide a landscaped, but not screened, buffer area a minimum
of 10 feet in depth around the fenced area.
2)
Minimum horizontal dimension: 25 feet.
3)
Minimum setbacks for the fenced-in area:
b.
From the ultimate right-of-way of streets:
1.
Residential streets: 20 feet.
2.
Collector streets: 40 feet.
3.
Arterial streets: 60 feet.
H. Locations: At convenient, centralized intervals, requiring not longer
than a one-thousand-foot walk from any dwelling unit.
4. Playfield requirements.
A. Playfield: a common area within a subdivision or land development
for neighborhood residents and possibly the general public to use
for informal, active recreation purposes, such as ball games and other
activities requiring a large lawn area, away from homes or other buildings.
B. Playfields shall be used only during daylight hours; no lighting
shall be installed.
C. Playfields are intended for informal, neighborhood use. Playfields
shall not be used for formalized programs such as youth or adult athletic
leagues, which should be conducted on larger, more appropriate fields
located, designed, and intended for use by the extended community.
D. Playfields shall consist of a lawn area unobstructed by trees, shrubs,
benches, playground equipment and other obstacles. Applicants are
encouraged to locate trees and shrubs along the perimeter of a playfield
in order to define its limits, enhance its appearance, and filter
noise generated by activities.
E. Playfields shall be sloped for proper drainage, not less than 1%
nor more than 3% grade, and shall be well-drained so that they are
suitable for use in most weather.
F. Playfields shall be fenced at the discretion of the Municipal Council.
G. Minimum dimensional standards shall be as follows:
1)
Minimum area: 12,000 square feet.
2)
Minimum horizontal dimension: 80 feet.
3)
Minimum setbacks to the edge of a playfield:
a.
From any dwelling unit: 60 feet.
b.
From the ultimate right-of-way of streets:
1.
Residential streets: 30 feet.
2.
Other classifications: 60 feet.
H. Playfields shall have at least one backstop, facing south.
I. Locations: at convenient, centralized intervals.
5. Basketball and tennis court requirements.
A. Basketball court: a basketball facility including paved, striped
court area of at least high school standard size, with posts, backboards,
and baskets at both ends of the court.
B. Tennis court: a tennis facility including paved, standard sized and
striped court area, posts, net and fencing around its perimeter.
C. These courts shall be constructed in accordance with specifications
approved by the Norristown Engineer and shall be oriented in a north/northeast-south/southwest
direction.
D. Minimum dimensional standards shall be as follows:
1)
Tennis court areas shall be of standard size; basketball court
areas shall be at least high school standard size.
2)
Minimum setbacks to the edge of paving:
a.
From any dwelling unit: 60 feet.
b.
From the ultimate right-of-way of streets:
1.
Residential and feeder streets: 30 feet.
2.
Other classifications: 60 feet.
c.
From any lot line: 15 feet.
E. Tennis courts shall be fenced around the entire perimeter with minimum
ten-foot-high fencing.
F. Basketball courts shall be fenced with minimum six-foot-high fencing
under the following conditions:
1)
When the edge of pavement is less than 30 feet from a lot line,
that edge shall be fenced.
2)
When the edge of pavement is less than 30 feet from an area
sloping 10% or greater downward from the court, the edge shall be
fenced.
G. Lighting may be provided for nighttime use of courts, both basketball
and tennis, so arranged that no glare affects abutting residences
or streets, on a demand-activated basis, until not later than 10:00
p.m.
H. Locations: at convenient, centralized intervals.
6. Consolidation of facilities. Applicants are required to provide the
numbers and types of facilities as required in this section, spaced
for convenient access by the residents. However, applicants are encouraged
to consolidate several facilities in fewer locations to better serve
the residents' needs in the following possible ways:
A. By locating all required tennis or basketball courts in one area,
thereby restricting noise and light to one area, and precluding the
need to search the neighborhood for a free court.
B. By combining two twelve-thousand-square-foot playfields into one
twenty-thousand-square-foot area to permit larger fields for softball,
football, soccer, or other field sports, while maintaining the neighborhood
use character.
C. By creating one or more park-like facilities rather than several
sets of scattered facilities.
D. Tot lots may be adjacent to other types of recreation facilities
but not to other tot lots, so that they may be dispersed throughout
the development and only require short walking distances from all
homes.
Preservation of existing woodlands, mature trees, and unique
vegetation is required to maintain habitats, protect soil from erosion,
reduce energy costs, and enhance local aesthetics.
1. Preservation of existing vegetation.
A. Applicants shall submit a landscaping plan as part of the preliminary
plan submission for all subdivisions and land developments, except
for residential subdivisions of three lots or fewer. The landscaping
plan shall be prepared by a certified planting professional (landscape
architect, nurseryman, arborist, horticulturist, or urban forester).
The Municipal Council may seek the advice of a certified planting
professional regarding compliance with the standards of this chapter.
B. For residential subdivisions of no more than three lots, a formal
landscaping plan is not required, but the applicant's plans shall
be required to show compliance with the applicable planting requirements
herein.
C. Preservation of existing vegetation.
1)
All subdivisions and land developments shall be laid out in
such a manner as to minimize the removal of healthy trees and shrubs.
Special consideration shall be given to major specimen trees and ecologically
significant woodlands.
2)
It shall be the responsibility of the applicant to demonstrate
that existing healthy vegetation removal is minimized by showing that
no alternative layouts are possible and that no alternative clearing
or grading plan would reduce the loss of mature trees, tree masses
and woodlands. If challenged by Norristown, the applicant shall produce
evidence, such as written documents or plans certified by a registered
landscape architect, showing that no alternative layouts are possible
and that no alternative clearing or grading plan would reduce the
loss of mature trees, tree masses, or woodlands.
3)
Each freestanding mature tree, tree mass, or woodland on the
site shall be designated "To Remain" or "To Be Removed."
a.
Trees over six inches in DBH within a tract proposed for subdivision
or land development shall not be removed unless any of the following
conditions exist:
1.
Immediate danger to life or property.
2.
Affliction by disease which threatens to injure or destroy other
trees.
4)
Existing vegetation to remain shall be identified "To Remain"
on the landscape plan, erosion and sediment control plan and in the
field prior to any clearing and shall be physically protected during
construction.
a.
A temporary physical barrier such as a snow fence shall be shown
on the plan and erected a minimum of one foot outside the dripline
on all sides of individual trees, tree masses, and woodlands prior
to clearing and construction. The barrier shall be placed to prevent
disturbance to or compaction of soil inside the barrier and shall
remain until construction is complete. No construction materials or
equipment shall be stored within the tree protection zone.
b.
It is recommended that trees to be preserved near portions of
a site proposed to be developed are pruned and fertilized prior to
the beginning of construction in order to ensure their health.
The requirements of this section shall apply when they are more
stringent than those of PADEP or when PADEP has no jurisdiction.
1. General.
A. For qualifying tracts, no changes shall be made in the contour of
the land; no grading, excavating, removal or destruction of the topsoil,
trees or other vegetative cover of the land shall be commenced until
such time that a plan for minimizing erosion and sedimentation has
been approved by the Montgomery County Conservation District and Conservation
District.
B. No subdivision or land development plan shall be approved unless:
1)
There has been a plan approved by the Municipal Council that
provides for minimizing erosion and sedimentation consistent with
this section, and an improvement bond or other acceptable securities
are deposited with the Municipality the form of an escrow guaranty
which will insure installation and completion of the required improvements;
or
2)
There has been a determination by the Municipal Council that
a plan for minimizing erosion and sedimentation is not necessary.
C. The Municipal Council, in its consideration of any preliminary plan
of subdivision and land development, shall condition its approval
upon the execution of measures designed to prevent accelerated soil
erosion and resulting sedimentation, as required by PADEP. All applicable
regulations and permit requirements of said department as stipulated
in its Soil Erosion and Sedimentation Pollution Control Manual shall
be followed by all parties engaged in earthmoving activities. The
manual is available at the office of the Montgomery County Conservation
District.
2. Performance principles.
A. Any effective methods of minimizing erosion and sedimentation can
be included in the plan. Any questionable method should be discussed
with the Norristown Engineer prior to submission.
B. No unfiltered stormwater coming from an area which has been disturbed
shall be permitted onto an adjacent tract or discharged into any water
body.
3. Responsibility.
A. Whenever sedimentation is caused by stripping vegetation, regrading
or other development activity, it shall be the responsibility of the
person, corporation or other entity causing such sedimentation to
remove it from all adjoining surfaces, drainage systems and watercourses
and to repair any damage at his expense as quickly as possible.
B. It is the responsibility of any person, corporation, or other entity
doing any act on or across a stream, watercourse or swale or upon
the floodplain or right-of-way thereof to maintain, as nearly as possible,
in its present state the stream, watercourse, swale, floodplain or
right-of-way during the activity and to return it to its original
or equal condition after such activity is completed.
C. No person, corporation, or other entity shall block, impede the flow
of, alter, construct any structure, or deposit any material or thing,
or commit any act which will affect normal or flood flow in any stream
or watercourse without having obtained prior approval from Norristown
or PADEP, whichever is applicable.
4. Compliance with regulations and procedures.
A. Final plans for minimizing erosion and sedimentation as approved
will be incorporated into the agreement and bond requirements as required
under this chapter.
B. The approval of plans and specifications for the control of erosion
and sedimentation shall be concurrent with the approval of the final
plans of subdivision or land development and become a part thereof.
C. At the time that a building permit is applied for, a review shall
be conducted by the Norristown Engineer to ensure conformance with
the plan as approved. During the construction, further consultative
technical assistance will be furnished, if necessary, by the Norristown
Engineer and the Montgomery County Conservation District. During this
development phase, the Norristown Engineer shall inspect the development
site and enforce compliance with the approved plans.
D. Permission for clearing and grading after preliminary plan approval
may be obtained under temporary permits or other conditions satisfactory
to the Municipality, at the applicant's risk.
E. In the event the developer proceeds to clear and grade prior to recording
plans, without satisfying conditions specified under this subsection,
the Municipal Council may revoke the approval of the preliminary plan.
The design of subdivisions and land developments should be done
in a manner which would preserve desirable cultural and historic features
of a site wherever reasonably possible.
1. No proposal will be approved with a property line extending through
any portion of an existing building, except where that property line
follows a party wall separating semidetached or attached units, in
accordance with the Norristown Zoning Ordinance.
2. When existing buildings are retained:
A. Minimum building setbacks shall be met or exceeded, in respect to
all new lot lines created, for the district in which the buildings
are located, even if this results in a lot area or dimensions in excess
of the otherwise applicable minimums.
B. Building setbacks in excess of the applicable minimums are encouraged,
in respect to all new lot lines created, when the height and/or bulk
of the existing building significantly exceeds that of proposed, abutting
development. For tall buildings, a setback equal to the height of
the building is suggested as a minimum. For proportionally wide or
deep buildings, a setback equal to 1/2 the width or depth of the building
is suggested as a minimum.
C. Structurally deficient buildings shall be rehabilitated in conformance
with Norristown's Building Code and Property Maintenance Code.
D. Additions to retained buildings shall conform in all respects to
the requirements of the Zoning Ordinance applicable to the district
in which the building is located and shall be in harmony with the
character, design, building materials, and other architectural features
of the building.
E. Historical or culturally significant buildings shall retain their
respective characters, to the greatest extent practical.
F. New buildings abutting the retained building should reflect their
respective characters, to the greatest extent practical.
G. In nonresidential districts, retained buildings shall be provided
with adequate parking, service, and landscaped areas in accordance
with the Zoning Ordinance provisions for the intended use. If the
applicant cannot specify the intended use, then the most-land-consumptive
provisions shall be applied, to ensure sufficient land area for uses
permitted in that district.
H. The building setback lines, existing and proposed buildings, driveways,
parking areas, walks, and other similar information shall be shown
on the plan, with a note added describing the buildings and their
intended purposes.
I. No plan approval will be granted to a subdivision or a land development
unless and until the above requirements are complied with to the satisfaction
of the Municipal Council, upon recommendation of the Norristown Planning
Commission and Engineer.
3. When existing buildings will be removed:
A. The plan must show the location and include a brief description of
the building(s) to be removed.
B. Plan approval will be granted upon written agreement to the expeditious
removal of buildings intended for removal, in conformance with municipal
demolition permits.
C. All applicable municipal requirements and procedures regarding demolition
of buildings and disposition of the reusable parts and/or disposal
of the rubble shall be complied with.
D. If the building will not be removed immediately, a financial guaranty must be posted for its removal, in compliance with §
282-502 herein.