[HISTORY: Adopted by the Board of Supervisors of the Township
of North Coventry 4-7-2014 by Ord.
No. 142. Amendments noted where applicable.]
A.
Short title. This chapter shall be known and may be cited as the
"North Coventry Township Official Map Ordinance."
B.
Authority. This chapter 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 reenacted
and amended.
C.
Purpose. This chapter is enacted for the following purposes:
(1)
To serve and promote public health, safety, and general welfare;
(2)
To improve pedestrian circulation and access in the Route 100 and
Route 724 corridors;
(3)
To improve traffic circulation and access in the Route 100 and Route
724 corridors;
(4)
To protect natural and open space resources in the Route 100 and
Route 724 corridors.
D.
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
the Ordinance than one so declared.
A.
Provisions of the Official Map. The Official Map, as enacted and
subsequently amended, may identify the location of existing and proposed
public streets, existing and proposed sidewalks, and proposed lands
for natural resource and open space preservation.
(1)
Features on the Official Map may be identified and described using
property records, aerial photography, photogrammetic mapping or other
method sufficient for the identification, description and publication
of such features. For acquisition of lands and easements, boundary
descriptions by metes and bounds shall be made and sealed by a professional
surveyor, licensed in Pennsylvania.
(2)
The Board of Supervisors, by amending ordinances, may make additions or modifications to the Official Map or parts thereof by following the provisions in Subsection A(1) above and may also vacate any proposed public streets, proposed sidewalks, proposed green preservation enhancement areas, or other proposed public land contained on the Official Map or parts thereof.
(3)
Unless otherwise specified, all proposed public street rights-of-way
shall meet the width requirements specified in the North Coventry
Township Subdivision and Land Development Ordinance[1] for the street classification so designated, or as specified
in the Traditional Neighborhood Development Overlay District of the
North Coventry Township Zoning Ordinance,[2] as applicable.
(4)
Unless otherwise specified, all proposed sidewalks shall meet the
requirements specified in the North Coventry Township Subdivision
and Land Development Ordinance, or as specified in Traditional Neighborhood
Development Overlay District of the North Coventry Township Zoning
Ordinance, as applicable.
B.
Incorporation of the Official Map. 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.
C.
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 North Coventry Township, Chester County, Pennsylvania," together
with the date of enactment of this chapter. The Official Map shall
be kept on file in the Township office.
D.
Changes in the Official Map. If, in accordance with the provisions
of this chapter, changes are made to the location of lines designating
existing or proposed features on the Official Map, such changes shall
be entered promptly on said Official Map. All changes, except those
resulting from subdivision and land development plans as specified
in § 204-4B 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.
E.
Relationship with County Official Map. The adoption of an Official
Map by the County shall not affect the Official Map of North Coventry
Township, except that the County Official Map shall govern as to County
streets and public grounds, and facilities and improvements of the
County in accordance with the Pennsylvania Municipalities Planning
Code, Act 247.
F.
Relationship with adjacent municipalities. If the Official Map, or
amendment thereto, shows any street or public land intended to lead
into any adjacent municipality, a certified copy of the Official Map,
or amendment thereto, shall be forwarded to such adjacent municipality.
A.
Construction within features designated for reservation. For the
purpose of preserving the integrity of the Official Map of North Coventry
Township:
(1)
No permit shall be issued for any building, structure or improvement within the lines of any feature designated for reservation on the Official Map, unless a special encroachment permit is granted to the land owner by the Board of Supervisors prior to construction, in accordance with § 240-3A(3) below.
(2)
No person shall recover any damages for the taking for public use of any building, structure or improvement constructed within the lines of any feature designated for reservation after the same shall have been included on the Official Map, and any such building, structure or improvement shall be removed at the expense of the owner, unless a special encroachment permit is granted to the land owner by the Board of Supervisors prior to construction, in accordance with § 240-3A(3) below.
(3)
When the property of which the reserved feature 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 the grant of a special encroachment permit to build. Before granting any special encroachment permit authorized in this section, the Board may submit the application for a special encroachment permit to the Township 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 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 Act 247, in accordance with § 240-5, below.
B.
Release of damage claims or compensation.
C.
Limitations on reservations for future taking.
(1)
The Board of Supervisors may fix the time for which features designated
for reservation 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 one year after an owner
of such property has submitted a written notice to the Board of Supervisors
announcing his intentions 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 Board of Supervisors shall have acquired the property or begun
condemnation proceedings to acquire such property before the end of
the year.
(2)
The adoption of any street, street lines, sidewalks, green preservation
enhancement areas, 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 or sidewalk nor the taking
or acceptance of any land, nor shall it obligate the municipality
to improve or maintain any such street, sidewalk, 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.
A.
Procedure.
(1)
Prior to the adoption of the Official Map or part thereof, or any
amendment to the Official Map:
(a)
The Board of Supervisors shall refer the proposed Official Map,
or part thereof or amendment thereto, with an accompanying ordinance
describing the proposed map, to the Township Planning Commission for
review. The Township Planning Commission shall report its recommendation
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,
the Township Planning Commission fails to act within 45 days, the
Board of Supervisors may proceed without its recommendations.
(b)
A copy of the Official Map and the proposed ordinance adopting
it, or any amendment thereto, shall be forwarded for review to the
Chester County Planning Commission at the same time it is submitted
for review to the Township Planning Commission. The comments of the
County Planning Commission shall be made to the Board of Supervisors
within 45 days, and the proposed action shall not be taken until such
comments are received. If, however, the County Planning Commission
fails to act within 45 days, the Board of Supervisors may proceed
without its comments.
(c)
If the proposed Official Map, or any amendment to the Official
Map, shows any street or public lands intended to lead into any adjacent
municipality, a copy of the proposed Official Map or amendment shall
be forwarded to the adjacent municipality for review and comment by
the governing body and planning commission of the adjacent municipality.
The comments of the adjacent municipality shall be made to the Board
of Supervisors within 45 days, and the proposed action shall not be
taken until such comments are received. If, however, the adjacent
municipality fails to act within 45 days, the Board of Supervisors
may proceed without its comments.
(d)
Local authorities, park boards, environmental boards and similar
public bodies may also offer comments and recommendations to the Board
of Supervisors or Township Planning Commission if requested by same
during the said forty-five-day review period.
(2)
Before voting on the enactment of the proposed Ordinance and Official
Map, or part thereof or amendment thereto, the Board shall hold a
public hearing pursuant to public notice.
(3)
Following adoption of the ordinance and Official Map, or part thereof
or amendment thereto:
(a)
A copy of the adopted ordinance and Official Map, or part thereof
or amendment thereto, 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.
(b)
A certified copy of the Official Map, the ordinance adopting
it and any later amendments shall be forwarded, within 30 days after
adoption, to the Chester County Planning Commission.
(c)
If the Township adopts an Official Map, or amendment thereto,
that shows any street or public lands intended to lead into any adjacent
municipality, a certified copy of said Official Map or amendment shall
be forwarded to the adjacent municipality.
B.
Effect of approved plans on Official Map. After adoption of the Official
Map and ordinance, or part thereof, all streets, watercourses, public
grounds and the elements listed in Section 401 of the MPC on final,
recorded plats which have been approved as provided by the MPC and
Township ordinances shall be deemed amendments to the Official Map.
Notwithstanding any of the other terms of this article, 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 has been approved as provided
by the MPC and Township ordinances.
A.
Notice of violation. Whenever any person, partnership, or corporation
shall have violated the terms of this chapter, the Board of Supervisors
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 Board of Supervisors shall deem reasonable, and further
the Board of Supervisors 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 Township
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 person 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 Board of Supervisors shall, upon conviction thereof,
be guilty of a summary offense and shall be sentenced to pay a penalty
of not more than $300. 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 Board of Supervisors,
the Township 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 Township may institute proceedings in courts
of equity to prevent, restrain, correct, or abate such building, structure
or land, or to prevent, in or about such premises, and act, conduct,
business or use constituting a violation.
(3)
The cost for removal, fines, and penalties hereinabove mentioned
may be entered by the Township as a lien against such property in
accordance with existing provisions of law or may be collected by
action in assumpsit.
C.
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 chapter shall be made in the same manner and within the same
time limitation as is provided for zoning appeals in Article X of
the Pennsylvania Municipalities Planning Code, as amended.
A.
Language interpretations. For the purpose of this chapter, certain
terms and words used herein shall be interpreted as follows:
(1)
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.
(2)
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.
(3)
The word "person" includes an individual, firm, association, organization,
partnership, trust, company, corporation or any other similar entity.
(4)
The words "shall" and "must" are mandatory, and the words "may" and
"should" are permissive.
(5)
The words "used" and "occupied" included the words "intended, designed,
maintained, or arranged to be used or occupied."
B.
BOARD OF SUPERVISORS
BUILDING
COUNTY
GREEN PRESERVATION ENHANCEMENT AREA
PUBLIC
PUBLIC GROUNDS
PUBLIC NOTICE
SIDEWALK
STREET
STRUCTURE
TOWNSHIP
TRAIL
WATERCOURSE
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.
Board of Supervisors of North Coventry Township, Chester
County, Pennsylvania.
A structure which has enclosing walls and a roof, including
mobile homes.
The County of Chester, Commonwealth of Pennsylvania.
Identified areas of land to be preserved for protection of
their natural features and in order to provide natural buffers in
the Route 100 and Route 724 corridors.
Owned, operated, or controlled by a government agency.
Notice published in accordance with the Pennsylvania Municipalities
Planning Code.
A paved or surfaced area paralleling and separated from the
cartway of a street, used as a pedestrian walkway.
A public (dedicated) or private (undedicated) right-of-way
intended for use as a means of vehicular and pedestrian circulation
to provide access to more than one lot. The word 'street' shall include
and encompass such intersections that are directly related to or affected
by the right-of-way intended for use as a means of vehicular and/or
pedestrian circulation providing access to more than one lot.
Any form or arrangement of building materials, on or in water
or land, involving the necessity of providing proper support, bracing,
tying, anchoring or other protection against the forces of the elements
and having a permanently fixed location. Structures include, but are
not limited to buildings, sheds, mobile or manufactured homes, signs,
fences or walls over six feet in height, aerials and antennae, porches,
platforms, tennis courts, swimming pools, tents, and towers.
The Township of North Coventry, Chester County, Pennsylvania.
A right-of-way containing a marked or beaten path, whether
paved or unpaved, for pedestrians, equestrian, and/or bicycle use.
A channel or conveyance of surface water, such as a stream,
creek, or run, having a defined bed and banks, whether natural or
artificial, with perennial or intermittent flow.
