1. 
Subdividers and developers shall provide recreation facilities and open space land in the amount and character prescribed in the Municipal Recreation and Open Space Plan, adopted as an element of the Comprehensive Plan and/or the Zoning Ordinance.
2. 
Conservation of open space.
A. 
Environmentally sensitive features should be conserved based on the natural tolerances to encroachment and development as follows:
Natural Feature With Environmental Constraint
Minimum Percentage of Feature to be Preserved
Floodplains
100%
Watercourses
100%
Wetlands
100%
Ponds
100%
Stream buffers
100%
Steep slopes (15-25%)
70%
Very steep slopes (over 25%)
80%
Woodlands
50%
B. 
Where features overlap, the greater percentage shall be conserved. The percentage of each feature is the extent that it shall not be altered, regraded, filled or built upon. The land shall be permanently restricted by easement from further development. The deed restrictions shall be in a form acceptable to the Municipality.
3. 
Open space dedication criteria and standards.
A. 
Land shall be dedicated to Norristown according to the provisions of the Municipal Zoning Ordinance regarding minimum open space requirements, of which the following may be utilized for parks and recreation purposes:
1) 
Single-family detached: 4,000 square feet per unit.
2) 
Two-family and single-family attached: 3,000 square feet per unit.
3) 
Multifamily apartments: 2,000 square feet per unit.
4) 
Nonresidential: 1% of gross acreage.
B. 
Should the amount of land required to be utilized for parks and/or recreation purposes exceed the required land for dedication regarding open space requirements, the lesser amount shall apply.
C. 
Nothing herein shall be construed as limiting the ability of the Municipal Council, based upon the recommendation of the Norristown Planning Commission, to waive all or a portion of the open space set-aside requirements.
4. 
Location and criteria for dedicated open space. Lands to be dedicated shall:
A. 
Comply with the open space criteria set out in the Norristown Zoning Ordinance.
B. 
Implement the findings of the (regional) Comprehensive Plan, as updated, pursuant to the authorization by Section 302 of the Pennsylvania Municipalities Planning Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10302.
C. 
Preserve open space to protect the environmental, scenic, historical, and cultural features of Norristown.
D. 
Provide a balance of facilities which can meet the various recreational needs of the residents, businesses, and industries.
E. 
Support community development and stability by providing recreation sites and open space.
F. 
Provide equitable and convenient accessibility to recreation facilities.
G. 
At the discretion of the Municipal Council, provide for either active or passive recreational or open space uses or a combination thereof in accordance with furthering the objectives of the Norristown Park and Recreation Plan.
H. 
Be properly delineated before occupancy permits are granted.
5. 
Acceptance and use of park and recreation land.
A. 
Any land dedicated to Norristown shall be used only for the purpose of providing park and recreational facilities and for the preservation of open space and shall be available for use by all residents of Norristown.
B. 
When land is dedicated, acceptance by Norristown shall be by means of a signed resolution to which a property description of the dedicated area shall be attached. A fee-simple warranty deed conveying the property shall be delivered to Norristown with title free and clear of all liens, encumbrances and conditions, excepting public utility easements.
C. 
Open space designation. All land held for open space shall be so designated on the plans. The plans shall contain the following statement for lands in the categories in Subsection 5.C.1), 2), 3) and 4) below: "Open space land may not be separately sold, nor shall such land be further developed or subdivided." All plans shall further designate the use of open space, the type of maintenance to be provided and a planting plan or schedule. In designating use and maintenance, the following classes may be used:
1) 
Lawn: a grass area with or without trees which may be used by the residents for a variety of informal purposes and which shall be mowed regularly to ensure a neat and orderly appearance.
2) 
Recreation area: an area designated for a specific recreational use, including, but not limited to, tennis, swimming, shuffleboard, playfield and tot lot. Such areas shall be maintained so as to avoid creating a hazard or nuisance and shall perpetuate the proposed use.
3) 
Garden area: an area designated for family vegetable plots.
4) 
Stormwater management. Stormwater detention or retention basins may not be counted toward required open space unless the basins are vegetated and used as passive open space.
5) 
Pocket park: a small area in an urban or village center setting designated for use as open space. It may include lawn areas, decorative plantings, seating areas, or walking paths.
6) 
Public plaza: an area in an urban or village center designated as a meeting place for community residents. It may include gazebos, information stands, seating areas, decorative plantings, fountains, or other similar elements.
6. 
Alternatives to the dedication of park and recreational land. Upon agreement of both Norristown and the applicant, the applicant may pursue the following alternatives:
A. 
Fee in lieu. The applicant may pay a fee in lieu of dedication of park and recreational land. The amount of the fee shall be established by resolution of the Municipal Council and modified from time to time, based upon the estimated market value of land meeting the standards of § 282-406.3 for suitability for active recreation.
B. 
Improvements to other recreation sites. The applicant may, through an agreement with Norristown, construct recreational facilities on existing or proposed parkland that is readily accessible to residents of the proposed development as defined in § 282-406.5. The value of such improvements shall be comparable to the fee in lieu of dedication that would have otherwise applied, based upon the applicant's estimates, as reviewed by the Norristown Engineer.
C. 
Private preservation of land. The applicant may reserve land in the amount required under this chapter. Said land shall meet all the standards of § 282-406.5, shall be available for use by Norristown residents, and shall be managed and maintained in conformance with the Park and Recreation Plan, Zoning Ordinance and § 282-406.8 referring to the maintenance requirements for private ownership of common elements.
D. 
A combination of land dedication and/or alternative approaches listed herein may be pursued, based upon an agreement between the applicant and the Municipal Council.
7. 
Use of fees. Fee-in-lieu payments shall be used to expand and improve existing public parks or to acquire land and develop new recreational facilities. Fees received for a particular development shall be expended on sites or facilities accessible to residents of the proposed development as defined below:
A. 
If part or all of the fee is to be spent on a neighborhood park, that park must be located within 1/2 mile of said development, provided that a principal arterial or limited access highway does not need to be crossed.
B. 
If part or the entire fee is to be spent on a community park, that park must be located within two miles of said development, provided that a principal arterial or limited access highway does not need to be crossed.
C. 
A fee authorized by this chapter shall, upon receipt by Norristown, be deposited in an interest-bearing account, designated as the "Norristown Parks and Recreation Fund." Interest earned on such accounts shall become funds of that account. Funds from such accounts shall be expended only upon the design, construction or acquisition of specific recreational facilities as approved by the Municipal Council.
D. 
Upon request of an applicant who has paid fees under this chapter, Norristown shall refund such fee, plus interest accumulated thereon from the date of payment, if Norristown has failed to utilize said funds for recreation purposes within three years from the date that the fee was paid.
8. 
Open space ownership and perpetuation. Any of the methods cited under this section may be used, either individually or in combination, to own and perpetually preserve open space that is provided in fulfillment of this article. The final subdivision and or land development plan shall clearly indicate the manner in which open space will be owned and administered. Following final plan approval, the open space required shall not be transferred to another entity except for the transfer to another method of ownership as outlined below. Written notice of any proposed transfer of open space shall be given to Norristown for approval no less than 30 days prior to such event.
A. 
Norristown may, but is not required to, accept fee-simple dedication of open space in accordance with § 282-406.6.
1) 
There shall be no cost of acquisition (other than costs indicated to the transfer of ownership or the conveyance of easements, and title insurance).
2) 
Norristown shall agree to maintain the open space.
3) 
The open space shall be in an acceptable condition to Norristown at the time of dedication with regard to size, shape, location, and that any improvements are certified as satisfactory by Norristown.
4) 
The subdivider or developer shall have, at no expense to Norristown, prepared the legal description, with metes and bounds, of the land being offered for dedication and record the legal description at the County Recorder of Deeds at no cost to the Municipality.
5) 
Norristown shall accept the dedication by means of a signed municipal resolution to which a property description, deed, and plan of dedication area or areas shall be attached.
6) 
All dedications in fee simple shall be free and clear of any liens or encumbrances.
7) 
An agreement citing all subdivider or developer obligations serving as a condition to plan approval shall be approved by Norristown and recorded with the plan at the same time as the plan is approved.
B. 
A public agency acceptable to Norristown may, but shall not be required to, accept the fee-simple dedication of open space, provided that Norristown approves a maintenance plan whereby the grantee agrees to and has access to maintain the open space.
C. 
Norristown or another public agency acceptable to Norristown may, but shall not be required to, accept the dedication of less than fee simple interests in any portion of the open space, title of which shall remain in private ownership, provided that a maintenance agreement satisfactory to Norristown is reached between the owner and the grantee.
D. 
Open space may remain or be placed in the ownership of the individual property owners and shall be restricted from further subdivision and/or land development by deed restriction, provided that:
1) 
Norristown shall agree to the boundaries of the open space that shall be held in private ownership.
2) 
Restrictions providing for the protection and continuance of the open space which meet municipal specifications shall be placed in the deed for each property that has the open space area within its boundaries.
3) 
A maintenance agreement suitable to Norristown shall be established, and the deeds to the properties that are located within the deed-restricted open space areas shall clearly state that the maintenance responsibility for the open space lies with the individual property owner.
E. 
A private, nonprofit conservation organization, among whose purposes is to conserve open space land and/or natural features, may, but shall not be required to, accept the conveyance of fee-simple or less-than-fee-simple interests in any portion of the open space, provided that:
1) 
Any private, nonprofit conservation organization intended to be the grantee of a conveyance shall be acceptable to Norristown as a bona fide conservation organization with perpetual existence.
2) 
Any conveyance shall contain appropriate provisions for proper reverter or retransfer in the event that the grantee becomes unwilling or unable to continue carrying out its function.
3) 
A maintenance agreement acceptable to Norristown shall be established between the owner and the grantee.
F. 
Open space may be controlled with condominium agreements that shall be approved by Norristown and be in conformance with the Pennsylvania Uniform Condominium Act.[2] All land and facilities shall be held as a common element.
[2]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.
G. 
Open space may be held in common ownership by a homeowners' association. In addition, the homeowners' association shall be governed according to the following:
1) 
The owner or applicant shall provide to Norristown a description of the organization, including its bylaws, and all documents governing maintenance requirements and use restrictions for open space, and the homeowners' association agreement shall be recorded.
2) 
The organization shall be established (with financial subsidization by the subdivider or developer if necessary) before any lot in the subdivision or building in the development is sold.
3) 
Membership in the organization and fees shall be mandatory for all purchasers of property therein and their successors.
4) 
The organization shall be responsible for the maintenance of an insurance on the open space.
5) 
The members of the organization shall share equitably the costs of maintaining, insuring, and operating the open space.
6) 
The subdivider or developer for any tract proposed to contain open space shall arrange with the County Board of Assessment a method of assessment of the common facilities which will allocate to each tax parcel in the development a share of the total assessment for such open space. Where this alternative is not utilized, the organization shall be responsible for applicable real estate taxes on common facilities.
7) 
The organization shall have or hire adequate staff, as necessary, to administer, maintain, and operate the open space.
8) 
The organization shall have the power to compel contributions from property owners therein to cover their proportionate shares of the initial cost and costs associated with the maintenance and upkeep of the open space.
9. 
Guaranties and agreements. Every application for subdivision and land development, whether preliminary or final, shall be accompanied by a form of agreement or agreements to be approved by Norristown. The agreements shall be properly recorded simultaneously with the recording of the final plan and shall specify the following:
A. 
The subdivider or developer shall agree to lay out and construct all open space areas in accordance with the final plan as approved, where any or all of these improvements are required as conditions of approval, and that the improvements shall be completed within the time or times specified by Norristown.
B. 
The subdivider or developer, at the Municipality's discretion, shall be required to place in an escrow account, for a period of three years, an amount of financial security to cover the costs of providing all open space requirements established as conditions for final approval of the plan.
C. 
Norristown is authorized to make random inspections of nondedicated municipal open space as deemed necessary and appropriate to ensure that the subdivider or developer and any successors duly perform, abide by, and complete any duties, obligations, or requirements as set forth in the final plan and/or formal agreements.
D. 
Norristown shall be granted the right to enforce the deed restrictions regarding the use and maintenance of the open space if the organization fails in its responsibilities. The amount of financial security necessary to reimburse Norristown for its expense of performing remedial measures shall be forfeited by the subdivider or developer.
1) 
In the event that the entity charged with maintenance responsibilities, or any successor thereto, fails to maintain all or any portion of the open space in reasonable order and condition in accordance with the development plan and all applicable laws, rules, and regulations, Norristown may serve written notice upon such entity, upon the residents and owners of the uses relating thereto, setting forth the manner in which the entity has failed to maintain the open space in reasonable condition.
2) 
Such notice shall set forth the nature of corrections required and the time within which the corrections shall be made. Upon failure to comply within the time specified, the organization, or any successor organization, shall be considered in violation of its responsibilities, in which case Norristown may enter the premises and take corrective action.
3) 
The financial security funds in the applicant's escrow account, if any, may be forfeited, and any permits may be revoked or suspended. If the funds of the escrow account are insufficient to pay the costs of remedial maintenance, the costs of corrective action by Norristown shall be assessed ratably, in accordance with tax assessments, against the properties that have the right of enjoyment of the common facilities and shall become a lien on said properties. Norristown, at the time of entering upon such common facilities for the purpose of maintenance, shall file a notice of such lien in the office of the Prothonotary of Montgomery County and upon the properties affected by such lien.
E. 
All plans finally approved, whether or not recorded, shall be binding upon the subdivider or developer, his heirs, executors, administrators, successors and assigns, and shall limit and control the use and operation of all open space designated in such plans to the conditions appearing in such plans and cited in any associated formal agreement for the approval thereof.
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.[1]
[1]
Editor's Note: Figure 4.1 is included at the end of this chapter.
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:
a. 
From lot lines: 20 feet.
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.
1. 
The presence of hydric soils may indicate the presence of wetlands. When hydric soils are indicated on the site, a wetlands study should be conducted in accordance with the Federal Manual for Identifying and Delineating Wetlands. In the event no wetland study is undertaken, the location of hydric soils on site will be assumed to be wetlands for the purpose of this chapter and so noted on the plan.
2. 
Wetlands, as defined by the United States Army Corps of Engineers and the Commonwealth of Pennsylvania in accordance with Section 404 of the Federal Clean Water Act of 1977 and Chapter 105 of the Pennsylvania Clean Streams Act Amendments of 1978, shall be preserved in subdivisions and land developments. Required permits shall be obtained at an early stage to determine the extent and location in the proposed subdivision and/or land development.
3. 
A twenty-five-foot setback shall be maintained around the perimeter of all wetlands. This area will be known as the "wetland buffer." No removal of vegetation, except the optional removal of dead trees or periodic mowing of existing lawns or fields, shall take place within this buffer area without the specific permission of Norristown.
4. 
Required building setbacks as described in the Zoning Ordinance shall be measured from the edge of the wetland buffer.
1. 
Whenever a pond, watercourse, stream, or intermittent stream, as identified in the Soil Surveys of Montgomery County, is located within a development site, it shall remain open in its natural state and location and shall not be piped.
2. 
Unless otherwise described in the Zoning Ordinance, a fifty-foot buffer (25 feet from each bank of the water body) shall be maintained along all intermittent or perennial watercourses and ponds. This buffer area will be known as the "riparian corridor." No removal of vegetation, except for removal of dead trees and shrubs or periodic mowing of existing lawns or fields, shall take place within this buffer area without the specific permission of Norristown.
3. 
No stormwater detention basins shall be allowed within the twenty-five-foot buffer zone.
4. 
Within any riparian corridor, no construction, development, use, activity, or encroachment shall be permitted unless a corridor management plan is submitted and approved by the Municipal Council and the effects of such development are mitigated by the implementation of the corridor management plan. The corridor management plan shall meet the following requirements:
A. 
Plan contents. The corridor management plan shall contain the following information:
1) 
Existing conditions, including the corridor boundaries, steep slopes, swales, wetlands, streams, ponds, floodplains, woodlands, other vegetation, and existing structures. A written description of unusual or significant conditions should also be included.
2) 
Management goals for the entire tract and long-range goals for the riparian corridor.
3) 
Proposed activities, including a plan, drawn to scale, that shows all proposed activities within and adjacent to the corridor. The plan shall differentiate areas that will be disturbed from those that will be protected and preserved.
4) 
Proposed management, including an explanation of how the goals will be met given the proposed activities. The plan shall specify when the construction, planting, or other activities are to begin and end and shall address long- and short-term maintenance, mitigation, and improvement activities necessary for preservation of the corridor, including application of herbicides, removal of invasive plants, spacing and types of newly planted trees and shrubs, mowing schedules, and other related functions.
B. 
Management, mitigation, and restoration measures. The proposed management plan shall comply with the following management, mitigation, and restoration measures:
1) 
Management practices. The following management practices shall be integrated into the management plan:
a. 
Existing woody and other vegetation should be preserved to the greatest extent possible.
b. 
Fallen branches and other organic material should be allowed to remain where they have fallen, provided that they do not create a hazard.
c. 
Stream crossings should be done at a ninety-degree angle to the stream.
d. 
Stream banks should be stabilized in accordance with the PADEP, Streambank Stabilization and Management Guide for Pennsylvania Landowners.
e. 
Degraded landscapes should be restored or converted to a more-effective landscape for maintaining water resources.
C. 
Mitigation measures. Disturbance of vegetation within the riparian corridor shall be mitigated by at least one of the following measures, with a total amount of mitigated area, measured horizontally, that is equal to or greater than the total amount of disturbed area, measured horizontally:
1) 
Increasing the width of the corridor. The width of the riparian corridor, measured from the defined edge of a watercourse, is increased to at least 75 feet.
2) 
Converting to a more-effective landscape. The existing landscape is converted to a more-effective landscape. The following landscapes are listed in order of effectiveness, from most effective to least effective: woodland, meadow, shrub, oldfield, lawn.
3) 
Increasing the effectiveness of the corridor. In existing degraded wooded areas or proposed new wooded areas, the riparian corridor is planted with three distinct layers of vegetation: canopy trees, shrubs that provide an understory, and herbaceous plants that serve as ground cover. All three layers shall be planted at a density sufficient to create a fully functioning, naturalized riparian corridor.
D. 
Restoration and conversion of landscapes.
1) 
Landscapes shall be restored by removing invasive vines, removing invasive trees, cleaning out trash, correcting soil erosion problems, planting appropriate plants, and properly maintaining all new plantings.
2) 
Landscapes shall be converted to a more-effective landscape by removing existing, incompatible vegetation, planting plants that are appropriate for the proposed landscape type and the site, and maintaining and protecting the plantings from invasive plants, deer, and other long-term problems.
5. 
Vegetation selection. To function properly, vegetation in the corridor management plan shall be selected from the Recommended Plant Materials List in Appendix A.[1] Plants not included on the list may be permitted by the Municipal Council when satisfactory evidence is provided from qualified sources certifying their suitability. Norristown may require species suitability to be verified by qualified experts in the Montgomery County Conservation District, Conservation District, Natural Resources Conservation Service, Pennsylvania Fish and Boat Commission, the United States Fish and Wildlife Service, or state and federal forest agencies.
A. 
Existing tree cover should be surveyed and inventoried to assess the need for any new plantings. Existing species included on the Pennsylvania Noxious Weed Control List should be removed where conditions warrant.
B. 
Adjacent to the watercourse, dominant vegetation shall be composed of a variety of native riparian tree and shrub species and appropriate plantings necessary for stream bank stabilization.
C. 
Away from the watercourse, dominant vegetation shall be composed of riparian trees and shrubs, with an emphasis on native species and appropriate plantings necessary to stabilize the soil.
D. 
Disturbed areas shall be revegetated with riparian corridor plants, in compliance with an approved corridor management plan.
1) 
Canopy tree and shrub plantings shall be located along the stream bank to provide shade for the stream, soil erosion control and stormwater benefits, according to accepted stream bank restoration practices.
2) 
New canopy trees shall be planted at a minimum rate of 15 feet on center or one tree per 225 square feet in staggered naturalized rows or an equivalent informal arrangement within the area within 25 feet of the top of each bank of the stream. One new shrub or understory tree shall be planted for every four new trees required for riparian corridor revegetation.
3) 
New trees shall be a variety of sizes ranging from a minimum four- to five-foot branched whip to an approximate one-and-one-half-inch-caliper planting stock.
E. 
Areas that cannot be revegetated shall be restored using management practices accepted by experts qualified in riparian corridor management.
1. 
The top six inches of soil that existed naturally on the site prior to subdivision or land development shall be stockpiled on the site.
2. 
Following construction, the stockpiled soil shall be redistributed uniformly on the site to a minimum depth of six inches.
3. 
All disturbed areas, excluding the stockpile soil, of the site shall be stabilized and protected against erosion in compliance with the Pennsylvania Erosion and Sediment Pollution Control Program Manual.
4. 
Any topsoil in excess of the six inches' depth that existed prior to subdivision or land development may be stockpiled separately for other uses by the applicant. Topsoil may be removed from the site only upon issuance of a permit by the Municipal Council to ensure that sufficient topsoil will remain on the site and in the Municipality. Soil shall not be removed from the Municipality.
5. 
Grading. All permanent and temporary cutting, filling, grading, regrading, and/or other forms of earthmoving activities shall be known as "grading" and shall be conducted only in compliance with the standards as described below.
A. 
All grading shall be set back from property lines at least three feet, or a sufficient distance, to prevent any adverse effects on adjacent properties.
B. 
No permanent excavation shall be made with a cut face steeper in slope than three horizontal to one vertical.
C. 
Wherever grading will increase the volume or velocity of stormwater flow toward a property line, the applicant shall install and maintain drainage facilities sufficient to prevent adverse effects on the adjoining property. The construction and operation of these drainage facilities shall not cause any adverse effects on abutting properties.
D. 
Along property lines, where grading creates an abrupt dropoff from the abutting property, in contrast to a previously existing gradual change, the applicant shall be required to install a fence or other suitable protective barrier.
E. 
A permit shall be required for grading operations. Permits shall be issued by Norristown upon recommendation of the Norristown Engineer for each tract, lot, parcel, or site which comprises a separate operation, unrelated to or not contiguous with nearby grading proposed or performed by the applicant. A permit shall not be required in the following situations, however:
1) 
For an excavation that does not exceed 20 cubic yards total material removed.
2) 
For a fill that does not exceed 20 cubic yards of material deposited.
3) 
For an excavation below finished grade for basements and footings for a single-family detached or two-family dwelling, swimming pool, or underground structure authorized by building permits, excavation for a driveway for a single-family detached or two-family dwelling, or the regrading of such excavated materials into the site from which they were excavated.
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.