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:
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.
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.
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.
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:
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.
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:
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."
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]
Editor's Note: Appendix A is included at the end of this chapter.
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.
