[HISTORY: Adopted by the Board of Supervisors of the Township
of West Bradford 11-25-1997 by Ord. No. 1997-07. Amendments noted
where applicable.]
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.
Unless a contrary intention clearly appears, the following words and phrases shall have the meaning given in this chapter. All words and terms not defined herein shall be used with a meaning of standard usage or as defined in Chapter 450, Zoning, of the Code of the Township of West Bradford.
The Board of Supervisors of West Bradford Township, County
of Chester, Commonwealth of Pennsylvania.
The Board of Supervisors of West Bradford Township, County
of Chester, Commonwealth of Pennsylvania.
West Bradford Township, County of Chester, Commonwealth of
Pennsylvania.
Owned, operated or controlled by a government agency.
Notice published once each week for two successive weeks
in a newspaper of general circulation in the municipality. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall be not more than 30 days or less than seven days from the date
of the hearing.
A corridor of land set aside for use, in whole or in part,
by a street.
A street, avenue, boulevard, road, highway, freeway, parkway,
lane, alley, viaduct and any other ways used or intended to be used
by vehicular traffic or pedestrians.
West Bradford Township, County of Chester, Commonwealth of
Pennsylvania.
A stream of surface water, including river, stream, creek
or run, whether or not intermittent.
The Official Map, as enacted and subsequently amended, shall
identify the location of the lines of existing and proposed public
streets, well sites, watercourses and public grounds, including widenings,
narrowings, extensions, diminutions, openings or closings.
A.
For the purpose of initially reserving land on the Official Map,
property records, aerial photography, photogrammetric mapping or other
method sufficient for the identification, description and publication
of areas for reservation on the Official Map will be sufficient. For
the acquisition of lands and easements, boundary descriptions by metes
and bounds shall be made and sealed by a licensed surveyor registered
in the Commonwealth of Pennsylvania.
B.
The governing body, by amending ordinances, may make additions or modifications to the Official Map or part thereof by following the provisions included in Subsection A above and may also vacate any existing or proposed public street, watercourse or public ground contained in the Official Map, or part thereof.
C.
Unless otherwise specified, all proposed public street rights-of-way and widenings of existing public street rights-of-way shall meet the width requirements specified in Chapter 385, Subdivision and Land Development, of the Code of the Township of West Bradford, for the street classification so designated.
The Official Map, including all notations, references and other
data shown thereon, is hereby incorporated by reference into this
chapter as if it were fully described herein.
A.
Certification of the Official Map. The Official Map shall be identified
by the signatures of the West Bradford Township Board of Supervisors,
attested by the Township Secretary, under the following words: "This
is to certify that this is the Official Map of West Bradford Township
referred to in Ordinance 97-07," together with the date of enactment
of this chapter. The Map shall be kept on file with the Municipal
Manager.
B.
The Official Map and this chapter have been adopted pursuant to the
provisions provided in Section 402 of the Pennsylvania Municipalities
Planning Code.[1] A copy of the Official Map and this chapter of West Bradford
Township, Chester County, Pennsylvania is recorded in the Chester
County Recorder of Deeds Office.
[1]
Editor's Note: See 53 P.S. § 10402.
If, in accordance with the provisions of this chapter, changes are made to the location of lines designating existing or proposed public streets, watercourses or public grounds, such changes shall be entered promptly on said Map. All changes, except those resulting from subdivision and land development plans as specified in § 276-10 below, shall be certified by initialing of the Map by the Chair of the West Bradford Township Board of Supervisors together with the amending ordinance number and date of enactment.
The adoption of an official map by the county shall not affect
the Official Map of West Bradford Township, except that the County
Official Map shall govern as to public grounds, facilities and improvements
of the County in accordance with the Pennsylvania Municipalities Planning
Code.
If the Official Map, or amendment thereto, shows any street
intended to lead into any adjacent municipality, a certified copy
of the Official Map, or amendment thereto, shall be forwarded to such
adjacent municipality.
For the purpose of preserving the integrity of the Official Map of the municipality, no permit shall be issued for any building within the lines of any street, watercourse or public ground shown or laid out on the Official Map. No person shall recover any damages for the taking for public use of any building or improvements constructed within the lines of any street, watercourse or public ground after the same shall have been included in the Official Map, and any such building or improvement built in violation of this section shall be removed at the expense of the owner. However, 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 governing body for the grant of a special encroachment permit to so build. Before granting any special encroachment permit authorized in this section, the governing body may submit the application for a special encroachment permit to the local planning agency and allow the planning agency 30 days for review and comment and shall give public notice and hold a public hearing at which all parties in interest shall have an opportunity to be heard. A refusal by the governing body to grant the special encroachment permit applied for may be appealed by the applicant to the Zoning Hearing Board in the same manner, and within the same time limitation, as is provided in Article IX of the Pennsylvania Municipalities Planning Code in accordance with § 276-12 of this chapter.
A.
The West Bradford Township Board of Supervisors may fix the time
for which streets, watercourses and public grounds on the Official
Map shall be deemed reserved for future taking or acquisition for
public use. The reservation for public grounds shall lapse and become
void one year after an owner of such property has submitted a written
notice to the governing body announcing his intention to build, subdivide
or otherwise develop the land covered by the reservation or has made
formal application for an official permit to build a structure for
private use, unless the governing body shall have acquired the property
or begun condemnation proceedings to acquire such property before
the end of the year.
B.
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
municipality 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 acceptance of any land by the municipality.
The governing body 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 governing body from such claims by
others may be required. Any release or agreements, when properly executed
by the governing body 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 governing body shall refer the
proposed Official Map, or part thereof or amendment thereto, with
any accompanying ordinance describing the proposed map, to the Municipal
Planning Commission and Chester County Planning Commission for review.
The Planning Commissions shall report their recommendations on said
proposed official map and accompanying ordinance, part thereof or
amendment thereto, within 45 days unless an extension of time shall
be agreed to by the governing body. If, however, a planning agency
fails to act within 45 days, the governing body may proceed without
its recommendations.
(2)
The county and adjacent municipalities may offer comments and recommendations
during said forty-five-day review period in accordance with Section
408 (53 P.S. § 10408). Local authorities, park boards, environmental
boards and planning agencies may also offer comments and recommendations
to the governing body or planning agency if requested by same during
said forty-five-day review period.[1]
(3)
Before voting on the enactment of the proposed ordinance and Official
Map, or part thereof or amendment thereto, the governing body shall
hold a public hearing pursuant to public notice.
(4)
Following adoption of the ordinance and Official Map, or part thereof
or amendment thereto, a copy of the same, verified by the governing
body, shall be submitted to the recorder of deeds of the county in
which the municipality is located and shall be recorded within 60
days of the effective date.
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 Section 401 (53 P.S. § 10401) on final, recorded plats, which have been approved as provided by Chapter 385, Subdivision and Land Development, shall be deemed amendments of the Official Map. Notwithstanding any of the other terms of this chapter, 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 Chapter 385, Subdivision and Land Development.
A.
Notice of violation. Whenever any person, partnership or corporation
shall have violated the terms of this chapter, the Municipal Manager
shall cause a written notice to be served upon the owner, applicant,
developer, property manager or other person responsible for the property
or the violation, directing him to comply with all the terms of this
chapter within seven days or such additional period, not to exceed
30 days, as the Manager shall deem reasonable; and, further, the Manager
shall give notice to the owner, applicant, developer, property manager
or other person responsible for the property or the violation that,
if the violation is not corrected, the municipality may correct the
same and charge the landowner or other persons responsible the cost
thereof plus penalties as specified herein for failure to comply.
Such notice may be delivered by the United States Postal Service,
first class, postage prepaid, or by certified or registered mail or
by personal service or, if the property is occupied, by posting notice
at a conspicuous place upon the affected property.
B.
Penalties for failure to comply. Any person or partnership or corporation
who fails to comply with this chapter within the period stated in
the notice of the Manager shall, upon conviction thereof, be guilty
of a summary offense and shall be sentenced to pay a penalty of not
more than $600. Each and every day of continued violation shall constitute
a separate violation.
(1)
In the event that the owner, developer, occupant, applicant, property
manager or other person responsible fails to comply with the terms
of this chapter within the time specified by the Manager, the municipality
may take any actions necessary to correct the violation. The costs
for correction of any violation shall be in addition to any penalties
for violations for failure to comply.
(2)
In addition to the fines for violations, costs and penalties provided
for by this section, the municipality may institute proceedings in
courts by equity to prevent, restrain, correct or abate such buildings,
structure or land to prevent, in or about such premises, any act,
conduct, business or use constituting a violation.
(3)
The cost for removal, fines and penalties hereinabove mentioned may
be entered by the municipality as a lien against such property in
accordance with existing provisions of law or may be collected by
action in assumpsit.
Any appeal from a decision or action of the governing body 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 Pennsylvania Municipalities Planning Code, as amended.
