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 the
Borough of Chalfont without first submitting plans therefor to the
Borough 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 Borough Council.
All such plans, accompanied by an application for approval as
hereinafter referred to, shall be filed with the Borough 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 Borough Council reserves the right to alter such plans and
to specify any change or modification of any kind which it may deem
necessary with respect thereto and to make its approval of such plans
subject to such alterations, changes or modifications.
All roads, streets, alleys and lanes shown on the said plans
and all other improvements, including curbs, gutters, sidewalks and
streetlighting, shall be constructed at the owner's cost, in
accordance with the plans as approved, and in compliance with all
specifications and requirements which may be prescribed by resolution
of the Borough Council.
All construction shall be subject to the supervision, inspection
and/or correction of the Borough Council, its Engineer, agent or committee,
who shall be the final authority as to compliance with the requirements
of the Council as set forth in the approved plans, specifications
and this article.
Before receiving final approval of plans and specifications
submitted under this article, the 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 Borough inspection and administration and contingencies.
The applicant shall execute an agreement with the Borough 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 Borough, shall be
borne by the applicant.
The applicant shall furnish a certificate of a reputable title
insurance company, satisfactory to the Borough 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 Bucks
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 the Borough Council, the holder 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 the Borough Council.
[Added 12-18-2001 by Ord.
No. 326]
Any person, firm or corporation who should violate any provision
of this article shall, upon conviction thereof, be sentenced to pay
a fine of not less than $1,000, plus costs, and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day that a violation of this article continues or each
section of this article which shall be found to have been violated
shall constitute a separate offense.