No person, partnership, association or corporation
shall construct, open or dedicate any road, street, alley, or lane,
or any sewer or drainage facilities in connection therewith, for public
use or travel in Horsham Township without first submitting plans therefor
to the Township Council for its approval; and no road, street, alley
or lane, sewer, drainage or other facilities in connection therewith
shall be opened, laid, or constructed except in strict accordance
with the plans approved by the Township Council.
All such plans accompanied by an application
for approval, as hereinafter referred to, shall be filed with the
Township Manager. If the construction of the road, street, alley or
lane, or sewage or drainage facilities in connection therewith, is
proposed in connection with a subdivision or land development, the
plan details required in this article shall be shown on said subdivision
and/or land development plan, and review and approval under the terms
of this article shall be made concurrently with the review and approval
of the subdivision and/or land development plan.
The Township Council reserves the right to alter
such plans, and to specify any change or modification of any kind
which they may deem necessary with respect thereto, and to make its
approval of such plans subject to such alterations, changes or modifications.
A.
Any and all plans, when approved, shall be signed
by the Township Council, and shall be filed in the Township office
where the same shall be made available to the public for inspection.
B.
The resolution of the Township Council approving said
plans, together with said plans, shall be recorded at the expense
of the person applying for such approval, in the office of the Clerk
of Courts of Montgomery County.
All roads, streets, alleys and lanes shown on the said plans, and all other improvements, including curbs, gutters, sidewalks and street lighting, shall be constructed at the owner's cost, in accordance with the plans as approved, and in compliance with all specifications and requirements set forth in Chapter 198, Subdivision and Land Development, as amended, as if set forth herein.
All construction shall be subject to the supervision,
inspection and/or correction of the Township Council, its engineer,
agent, or committee, who shall be the final authority as to compliance
with the requirements of Council as set forth in the approved plans,
specifications, and this article.
Before receiving final approval of plans and
specifications submitted under this article, Council shall require
that the applicant post financial security to secure the proper installation
of the improvements shown on the plan. Said security shall also be
sufficient to cover the cost of Township inspection and administration,
and contingencies. The applicant shall execute an agreement with Township
Council regarding the time for completion of improvements and the
management of the financial security. The applicant shall pay all
costs of preparation and execution of said agreement.
All expenses relating to the dedication and
ordaining of streets and facilities as set forth in this article,
including the advertising, legal, engineering, and administrative
fees of the Township, shall be borne by the applicant.
The applicant shall furnish a certificate of
a reputable title insurance company, satisfactory to Township Council,
which, as of the date of approval, shall set forth the name or names
of the owner or owners of all property covered by such plans, and
shall contain a list of all mortgages, judgments, liens, easements,
contracts and agreements recorded in the office of the Recorder of
Deeds of Montgomery County, Pennsylvania, and in the office of the
Prothonotary of the Court of Common Pleas which shall affect the property
covered by such plans. If said certificate of title insurance company
shall disclose that any property shall be subject to any mortgage,
judgment, easement, lien, contract or agreement, or other matters
of record, then, at the option of Township Council, the holders or
owners of such mortgages, judgment, liens, easements, contracts or
agreements shall be required to join in and approve said application
before the same shall be acted upon by Township Council.
