[Ord. 109-2003, 10/20/2003, § 1]
1.
Short Title. This Part shall be known and may be cited as the "Charlestown
Township Official Map Ordinance."
2.
Authority. This Part is enacted and ordained under the grant of powers
by the General Assembly of the Commonwealth of Pennsylvania in the
Pennsylvania Municipalities Planning Code, Act 247, as amended (hereinafter
"MPC"), 53 P.S. § 10101 et seq.
3.
Purpose. This Part 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.
[Ord. 109-2003, 10/20/2003, § 2]
1.
Provisions of the Official Map. The Official Map, as enacted and
subsequently amended, may identify the location of the lines of existing
and proposed public streets, watercourses and public grounds, including
widenings, narrowings, extensions, diminutions, openings or closings.
A.
Land to be reserved on the Official Map may be identified using aerial
photography, property records, photogrammetic mapping or other sufficient
method. For the acquisition of lands and easements, boundary descriptions
by metes and bounds shall be made and sealed by a licensed professional
land surveyor.
B.
The Board of Supervisors, by amending ordinances, may make additions
or modifications to the Official Map, or part thereof, by following
the provisions included in paragraph .A above and may also vacate
any existing or proposed public street, water course or public ground
contained in the Official Map or part thereof.
2.
Incorporation of the Official Map. The Official Map, including all
notations, references and other data shown thereon, is hereby incorporated
by reference into this Part as if it were fully described herein.
3.
Certification of the Official Map. The Official Map shall be identified by the signatures of the Board of Supervisors, attested by the Secretary under the following words: "This is to certify that this is the Official Map of Charlestown Township as referred to in Section 2 of Ordinance # 193-2003 [§ 14-102] of Charlestown Township, Chester County, Pennsylvania," together with the date of enactment of this Part. The Official Map shall be kept on file in the Township office.
4.
Changes in the Official Map. If, in accordance with the provisions of this Part, 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 Official Map. All changes, except those resulting from subdivision and land development plans as specified in § 14-104, Subsection 2, below, shall be certified by initialing of the Official Map by the Chairman of the Board of Supervisors, together with the amending ordinance number and date of enactment.
5.
Relations with County Official Map. The adoption of an Official Map
by the county shall not affect the Official Map of Charlestown Township,
except that the County Official Map shall govern as to county streets
and public grounds, facilities and improvements of the county in accordance
with the MPC.
6.
Relationship with Adjacent Municipalities. 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.
[Ord. 109-2003, 10/20/2003, § 3]
1.
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 street, watercourse or public ground shown or laid out
on the Official Map except for:
A.
A building permit for one single-family detached residential dwelling
and/or lawful accessory structures, on a lot which existed prior to
the enactment of this Part.
B.
A subdivision of a lot into two lots for single-family dwellings
in the FR-Farm Residential District.
C.
A building permit for a barn, swimming pool, shed, tennis court,
or like-type structure.
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Except as specified under Subsections 2, 3 and 4, 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 including in the Official Map, and any such building or improvement shall be removed at the expense of the owner. However, when the property of which the reserved location forms a part cannot yield reasonable return to the owner unless a permit shall be granted, the owner may apply to the Board of Supervisors for the grant of a special encroachment permit to build. 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 in interest shall have an opportunity to be heard. A refusal by the Board of Supervisors to grant the special encroachment permit applied for may be appealed by the applicant to the Charlestown Township Zoning Hearing Board in the same manner, and within the same time limitation, as is provided in Article IX of the MPC, 53 P.S. § 10901 et seq., in accordance with § 14-105 of this Part.
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2.
The 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. However, the reservation
for public grounds shall lapse and become void 45 days after an owner
of such property has submitted a written notice to the Board of Supervisors
announcing the owner's intentions to 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 Board of Supervisors shall have agreed to acquire the property
or begun condemnation proceedings to acquire such property before
the end of 45 days.
3.
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.
4.
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.
[Ord. 109-2003, 10/20/2003, § 4]
1.
Procedure.
A.
Prior to the adoption of the Official Map or part thereof, or any
amendments to the Official Map, the Board of Supervisors shall refer
to the proposed Official Map, or part thereof or amendment thereto,
with an accompanying ordinance describing the proposed map, to the
Township Planning Commission and the County Planning Commission for
review. The Planning Commissions shall 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.
B.
The county and adjacent municipalities may offer comments and recommendations
during said forty-five-day review period in accordance with § 408
of the MPC, 53 P.S. § 10408. 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 as required
by the MPC.
C.
Following adoption of the ordinance and Official Map, or part thereof
or amendment thereto, a copy of same, verified by the Board of Supervisors,
shall be submitted to the Chester County Recorder of Deeds and shall
be recorded within 60 days of the effective date. The fee for recording
and indexing ordinances and amendments shall be paid by the Township
and shall be in the amount prescribed by law for the recording of
ordinances by the Recorder of Deeds.
2.
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 § 401 of the MPC, 53 P.S. § 10401, on final, recorded plats which have been approved as provided by the MPC and the Charlestown Township Subdivision and Land Development Ordinance [Chapter 22] 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.
[Ord. 109-2003, 10/20/2003, § 5]
1.
Appeals. 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 Part 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, 53 P.S. § 11001-A, as amended.
[Ord. 109-2003, 10/20/2003, § 6]
1.
Language Interpretations. For the purpose of this Part, certain terms
and words used herein shall be interpreted as follows:
A.
Words used in the present tense include the future tense; the singular
number includes the plural, and plural number includes the singular;
words of masculine gender include the feminine gender, and words of
feminine gender include the masculine gender.
B.
The words "includes" or "including" shall not limit the term to the
specific example, but is intended to extend its meaning to all other
instances of like kind and character.
C.
The word "person" includes an individual, firm, association, organization,
partnership, trust, company, corporation or any other similar entity.
D.
The words "shall" and "must" are mandatory, and the words "may" and
"should" are permissive.
2.
PUBLIC GROUNDS
Definitions. Unless a contrary intention clearly appears, the following
words and phrases shall have the meaning given in this section. All
words and terms not defined herein shall be used with a meaning of
standard usage.
Includes:
[Ord. 124-2004, 9/20/2004; as amended by Ord. 139-2007, 2/20/2007]
1.
The Official Map includes all existing conditions as identified and
depicted on the overlay map.
A.
Tax Map Parcel ID No. 35-03-0049.0100 located on Pikeland Road and
to be identified as a Municipal Use Site.
B.
Tax Map Parcel ID No. 35-03-0075.0000 located on Hollow Road and
to be identified as a Municipal Use Site.
C.
Tax Map Parcel ID No. 35-03-0075.0100 located on Hollow Road and
to be identified as a Municipal Use Site.
2.
The Board of Supervisors has reviewed and revised Official Map for
the Township and desires to re-adopt the same as the Official Map
of the Township of Charlestown.
A.
Tax Map Parcel ID No. 35-02 -0064000E Pennsylvania Lines LLC.
B.
Tax Map Parcel ID No. 35-02 -0116000E Pennsylvania Lines LLC.
C.
Tax Map Parcel ID No. 35-04 -0067000E Pennsylvania Lines LLC.
D.
Tax Map Parcel ID No. 35-04 -0096000E Pennsylvania Lines LLC.
E.
Tax Map Parcel ID No. 35-04 -0097000E Pennsylvania Lines LLC.
F.
Tax Map Parcel ID No. 35-02 -01060000 Pennsylvania Lines LLC.
G.
Tax Map Parcel ID No. 35-04 -00510000 Pennsylvania Lines LLC.
