This chapter shall be known as the "Horsham
Township Subdivision and Land Development Ordinance of 1976, as amended."
These regulations are adopted for the following
purposes:
A.
To protect and provide for the public health, safety,
and general welfare of Horsham Township.
B.
To guide the future growth and development of Horsham
Township, in accordance with the Comprehensive and Act 537 Sewage
Facilities Plans of Horsham Township as periodically adopted or amended.
C.
To provide for adequate light, air, privacy; to secure
safety from fire, flood, and other danger; and to prevent overcrowding
of the land and undue congestion of population.
D.
To protect the character, social, and economic stability
of the communities in Horsham Township and to provide for the orderly
and beneficial development of these neighborhoods.
E.
To protect and conserve the value of land throughout
Horsham Township and the value of building(s) and improvements upon
the land and to minimize the conflicts among the uses of land and
buildings.
F.
To guide public and private policy and action in order
to provide adequate and efficient transportation, water supply, sewerage,
stormwater management, schools, parks, playgrounds, recreation, and
other public requirements and facilities.
G.
To provide the most beneficial relationship between
the uses of land and buildings and the circulation of traffic within
Horsham Township having particular regard to the avoidance of congestion
in the streets and highways, and the pedestrian traffic movements
appropriate to the various uses of land and buildings, and to provide
for the proper location and width of streets and building lines.
H.
To establish reasonable standards of design and procedures
for subdivision and resubdivisions, in order to further the orderly
layout and use of land; and to insure proper legal descriptions and
monumenting of subdivided land.
I.
To insure that public facilities are available and
will have a sufficient capacity to serve the proposed subdivision.
J.
To prevent the pollution of air, streams, lakes, and
ponds; to assure the adequacy of drainage facilities; to safeguard
the water table; and to encourage the wise use and management of natural
resources in order to preserve the community and value of the land.
K.
To control stormwater in a manner consistent with
this chapter and any other stormwater management ordinances as Council
may adopt or revise from time to time.
L.
To regulate the subdivision and/or development of
land within any designated floodplain district in order to promote
the general health, welfare, and safety of the community.
M.
To require that each subdivided lot in flood-prone
areas include a safe building site with adequate access; and that
public facilities which serve such uses be designed and installed
to minimize flood damage.
N.
To preserve and protect environmentally sensitive
areas, natural features, wildlife habitat, agricultural areas, and
areas of buildings of historic significance in Horsham Township.
O.
To provide for open spaces through efficient design
and layout of the land in accordance with the Horsham Township Open
Space Plan of 1995 as periodically updated or amended.
P.
To provide for coordination of existing streets and
public utilities with new facilities and to provide for efficient
and orderly extension of community services and facilities.
Q.
To ensure conformance of subdivision and land development
plans with the public improvements of the Township, and coordination
of intermunicipal, county and commonwealth improvement plans and programs.
R.
To regulate subdivisions and land developments within
the jurisdiction of the Township and to secure equitable handling
of all subdivision and land development plans by providing uniform
procedures and standards.
This chapter shall apply to all subdivision
and land development plans submitted after the effective date of this
chapter and to all subdivision and land development plans submitted
before the effective date of this chapter which no longer have protection
from the effect of changes in governing ordinances granted by Section
508(4) of the Pennsylvania Municipalities Planning Code.[1]
A.
Subdivision control.
(1)
No subdivision, as herein defined, of any lot, tract
or parcel of land shall be effected and no street, alley, sanitary
sewer, storm sewer, water main or other facilities in connection therewith,
shall be laid out, constructed, opened or dedicated for public use
or travel, or for the common use of occupants of buildings abutting
or to abut thereon, except in strict accordance with the provisions
of this chapter. No lot in any subdivision may be sold, and no permit
to erect, alter or repair any building upon land in a subdivision
may be issued and no building may be erected in a subdivision, unless
and until a subdivision plan has been approved by the Township Council
and recorded in the office of the Recorder of Deeds for Montgomery
County.
(2)
There shall be no subdivision of any lot that has
been restricted from further subdivision by a note or restriction
on a plan or deed recorded at the office of the Montgomery County
Recorder of Deeds.
B.
Land development control.
(1)
Land development, as herein defined, must comply with
the regulations contained herein. Such compliance shall include, but
not be limited to the filing of preliminary and final plats, the dedication
and improvements of rights-of-way, streets and roads, and the payment
of fees and charges as established by resolution of the Township Council.
(2)
Land development plans shall indicate the location
of each structure and clearly define each unit and shall indicate
public easements, common areas, and improvements, all easements appurtenant
to each unit, and improvements to public rights-of-way. Developments
are subject to the zoning regulations as they apply to use and density
requirements, setbacks, parking and other features, and the same shall
be indicated on the land development plan.
C.
Erosion and sedimentation control.
(1)
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
processed with and reviewed by the Township Planning Commission, or
there has been a determination by the Commission that such plans are
not necessary.
(2)
No subdivision or land development plan shall be approved
unless:
(a)
There has been a plan approved by the Township
Council that provides for minimizing erosion and sedimentation consistent
with this section, and an improvement bond or other acceptable securities
are deposited with the Township in the form of an escrow guarantee
which will ensure installation and completion of the required improvements;
or
(b)
There has been a determination by the Township
Council that a plan for minimizing erosion and sedimentation is not
necessary.
(3)
Measures used to control erosion and reduce sedimentation
shall as a minimum meet the standards and specifications of the Montgomery
County Conservation District. The Township Engineer, or other officials
as designated, shall ensure compliance with the appropriate specifications,
copies of which are available from the District or the municipal building
or Township Secretary of Horsham Township.
[1]
Editor's Note: See 53 P.S. § 10508(4).
A.
Interpretation. In interpreting and applying the provisions
of this chapter, they shall be held to be the minimum requirements
for the promotion of public health, safety, comfort, convenience,
and general welfare.
B.
Conflict with public and private provisions.
(1)
Public provisions. Where any provision of this chapter
imposes restrictions different from those imposed by any other provision
of this chapter or any other ordinance, rule, or regulation, or other
provisions of law, whether local, state or federal, whichever provisions
are more restrictive or impose higher standards shall control.
(2)
Private provisions. This chapter is not intended to
abrogate any easement, covenant of any other private agreement or
restriction, provided that where the provisions of this chapter are
more restrictive or impose higher standards or regulations than such
easement, covenant, or other private agreement or restriction, the
requirements of this chapter shall govern. Where the provisions of
the easement, covenant or private agreement or restriction impose
duties and obligations more restrictive, or higher standards than
the requirements of these regulations, or the determinations of the
Township Council in approving a subdivision or in enforcing this chapter,
and such private provision are not inconsistent with this chapter
or determinations thereunder, then such private provisions shall be
operative and supplemental to these regulations and determinations
made thereunder.
C.
Municipal liability. The grant of a permit or approval
of a plan for any proposed subdivision and/or land development to
be located within any identified floodplain area or district shall
not constitute a representation, guarantee, or warranty of any kind
by Horsham Township or by any appointed or elected official or employee
thereof of the practicability or safety of the proposed use, and shall
create no liability upon Horsham Township, its officials or employees.
