[HISTORY: Adopted by the Board of Supervisors of the Township
of New Garden 10-21-2019 by Ord. No. 237. Amendments noted where
applicable.
A.
Short title. This chapter shall be known as the "New Garden Township
Official Map Ordinance."
C.
Purpose. This chapter is enacted for the purpose of serving and promoting
the public health, safety, convenience and general welfare; to facilitate
adequate provision of public streets and facilities; to improve traffic
circulation; to provide for the recreational and open space needs
of the community; to protect and enhance water resources; and to facilitate
the subdivision of land and the use of land and watercourses.
A.
Provisions of the Official Map.
(1)
The Official Map, as enacted and subsequently amended, may identify
the location of the lines of:
(a)
Existing and proposed public streets, watercourses and public
grounds, including widenings, narrowing, extensions, diminutions,
openings or closings;
(b)
Existing and proposed public parks, playgrounds and open space
reservations;
(c)
Pedestrian ways and easements;
(d)
Railroad and transit rights-of-way and easements;
(e)
Floodways and floodplains; and
(f)
Support facilities, easements and other properties held by public
bodies undertaking the elements described in § 301 of the
MPC.
B.
Incorporation of the Official Map. The plan attached herein, entitled
"New Garden Township Official Map" and dated August 26, 2019, including
all notations, references and other data shown thereon, is hereby
incorporated by reference into this chapter and adopted in accordance
with Article IV of the MPC. A copy of the Official Map shall be available
at the New Garden Township Building during normal business hours.
A.
Construction within mapped streets, watercourses, or public grounds.
For the purpose of preserving the integrity of the Official Map of
the Township, no permit shall be issued for any building within the
lines of any proposed street or public grounds designated on the Official
Map, unless in accordance with this chapter. Any such building or
improvements constructed within the lines of any proposed street,
watercourse or public ground, without a permit, after the same shall
have been included in the Official Map, shall be removed at the expense
of the owner.
B.
Special encroachment permit.
(1)
When the property of which the reserved location forms a part cannot
yield a reasonable return to the owner unless a permit shall be granted,
the owner may apply to the Board of Supervisors for a special encroachment
permit. Before granting any special encroachment permit authorized
in this section, the Board of Supervisors may submit the application
for a special encroachment permit to the Planning Commission and allow
the Planning Commission 30 days for review and comment, and shall
give public notice and hold a public hearing at which all parties
of interest shall have an opportunity to be heard.
(2)
A refusal by the Board of Supervisors to grant the special encroachment
permit applied for may be appealed by the applicant to the New Garden
Township Zoning Hearing Board in the same manner, and within the same
time limitation as is provided in Article IX of the MPC.
C.
The Board of Supervisors shall fix the time for which streets and
public grounds shown on the Official Map shall be deemed reserved
for future acquisition or easement for public use. The reservation
for public grounds shall lapse and become void after the owner of
such property has submitted a written notice to the Board of Supervisors
announcing intentions to build, subdivide or otherwise develop the
land covered by the reservation, or made formal application for an
official permit to build a structure for private use, unless the Board
of Supervisors has acquired the property or begun condemnation proceedings
to acquire such property before the end of the following reservation
period set by the Board or one year, whichever is less.
D.
Where the Township has decided that it is no longer interested in
pursuing the acquisition or easement of property listed on the Official
Map, the Township shall notify the owner of such property within 45
days of receipt of the written notice.
E.
The adoption of any street, street lines or other public lands as
part of the Official Map shall not, in and of itself, constitute or
be deemed to constitute the opening or establishment of any street,
nor the taking or acceptance of any land, nor shall it obligate the
Township to improve or maintain any such street or land. The adoption
of proposed watercourses or public grounds as part of the Official
Map shall not, in and of itself, constitute or be deemed to constitute
a taking or an acceptance of any land by the Township.
F.
Release of damage claims or compensation. The Board of Supervisors
may designate any of its agencies to negotiate with the owner of land
whereon reservations are made, releases of claims for damages or compensation
for such reservations are required or agreements indemnifying the
Board of Supervisors from such claims by others may be required. Any
releases or agreements, when properly executed by the Board of Supervisors
and the owner and recorded, shall be binding upon any successor in
title.
A.
Procedure.
(1)
Prior to the adoption of the Official Map or part thereof, or any
amendments to the Official Map, the Board of Supervisors shall refer
the proposed Official Map, or part thereof or amendment thereto, with
an accompanying ordinance implementing the proposed map, to the Township
Planning Commission and the Chester County Planning Commission for
review. The Planning Commissions may report their recommendations
on said proposed Official Map and accompanying ordinance, or part
thereof or amendment thereto, within 45 days unless an extension of
time shall be agreed to by the Board of Supervisors. If, however,
either Planning Commission fails to act within 45 days, the Board
of Supervisors may proceed without its recommendations.
(2)
The Board of Supervisors shall also refer the proposed Official Map,
with an accompanying ordinance implementing the proposed map, to the
adjacent municipalities for review. The adjoining municipalities may
report their recommendations on said proposed Official Map and accompanying
ordinance, or part thereof or amendment thereto, within 45 days unless
an extension of time shall be agreed to by the Board of Supervisors.
Local authorities, park boards, environmental boards and similar public
bodies may also offer comments and recommendations to the Board of
Supervisors or Planning Commission if requested by same during the
said forty-five-day review period. Before voting on the enactment
of the proposed ordinance and Official Map, or part thereof or amendment
thereto, the Board of Supervisors shall hold a public hearing pursuant
to public notice.
B.
Effect of approved plans on Official Map. After adoption of the Official Map, or part thereof, all streets, watercourses and public grounds and the elements listed in § 123-2A on final, recorded plats which have been approved as provided by the MPC and the New Garden Township Subdivision and Land Development Ordinance[1] shall be deemed amendments to the Official Map. Notwithstanding
any of the other terms of this section, no public hearing need be
held or notice given if the amendment of the Official Map is the result
of the addition of a plat which has been approved as provided by the
MPC.
Any appeal from a decision or action of the Board of Supervisors
or of any officer or agency of the Township in matters pertaining
to this chapter shall be made in the same manner and within the same
time limitation as is provided for zoning appeals in Article X-A of
the MPC, as amended.
A.
Repealer. All existing ordinances or parts of ordinances which are
contrary to the provisions of this chapter are hereby repealed to
the extent necessary to give this chapter full force and effect.
B.
Severability. Should any section or provision of this chapter be
declared by the courts to be unconstitutional or invalid, such decision
shall not affect the validity of any other section or provision of
this chapter than the one so declared.
C.
Effective date. This chapter shall become effective five days after
adoption.
