[HISTORY: Adopted by the Council of the Borough
of West Chester 7-19-2017 by Ord.
No. 11-2017. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 112.
The Official Map is adopted for the purpose of serving and promoting
the public health, safety, convenience and general welfare; to facilitate
adequate provisions of public streets and facilities; to improve traffic
circulation; to provide for the recreational and open space needs
of the Borough; and to facilitate the subdivision of land and use
of land.
Pursuant to the authority granted to Borough Council in Section
401 of the Pennsylvania Municipalities Planning Code ("MPC"), 53 P.S.
§ 10401, the plan attached and appended hereto titled "Borough
of West Chester Official Map," dated May 31, 2017, consisting of one
sheet, including all notations, references and other data shown thereon,
is hereby adopted as the Official Map of the Borough of West Chester.[1]
[1]
Editor's Note: The Official Map is included as an attachment to this chapter.
A.
Pursuant to Section 401 of the MPC, 53 P.S. § 10401, the
Official Map, as adopted herein and as subsequently amended, identifies
the location of existing proposed public streets, watercourses and
public grounds; existing and proposed public parks, playgrounds and
open space reservations; flood-control basins and floodplains, stormwater
management areas and drainage easements; and proposed properties to
be owned by West Chester Borough.
B.
The following properties or portions of those properties fall within
reserved areas included on the Official Map:
(1)
Proposed rights-of-way:
|
Parcel Number
|
Address
|
|---|---|
|
1-10-0067
|
510 East Barnard Street
|
|
1-10-0083
|
611 East Nields Street
|
|
1-10-0083-1A
|
530 East Union Street
|
|
1-10-0083-01
|
540 East Union Street
|
|
1-10-0083-02-A
|
550 East Union Street
|
|
1-08-0037-1
|
401 West Washington Street
|
(2)
Proposed Borough land:
|
Parcel Number
|
Address
|
|---|---|
|
1-05-0445
|
400 East Gay Street
|
|
1-05-0446
|
408 East Gay Street
|
|
1-05-0449
|
420 East Gay Street
|
|
1-05-0449-1
|
430 East Gay Street
|
|
1-10-0083
|
611 East Nields Street
|
|
1-10-0235
|
640 East Nields Street
|
(3)
Proposed flood drainage areas:
|
Parcel Number
|
Address
|
|---|---|
|
1-10-0129
|
232 East Nields Street
|
|
1-10-0233
|
600 East Nields Street
|
|
1-10-0050
|
526 South Franklin Street
|
|
1-10-0163
|
701 South Franklin Street
|
C.
The inclusion 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
Borough to improve or maintain any such street or land. The inclusion
of proposed 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 Borough.
Pursuant to Section 405 of the MPC, 53 P.S. § 10405,
for the purposes of preserving the integrity of the Official Map,
no permit shall be issued for any building within the lines of any
street 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
or public ground after the same shall have been included in the Official
Map, and any such building or improvement shall be removed at the
expense of the owner.
A.
Pursuant to Section 405 of the MPC, 53 P.S. § 10405, when
a property or portion of a property falls within a reserved location
on the Official Map, and because of such inclusion on the Official
Map, that property or portion thereof cannot yield a reasonable return,
the owner may apply to Borough Council for the grant of a special
encroachment permit to build upon the property. Before granting any
special encroachment permit authorized under this section, the Borough
Council may submit the application for a special encroachment permit
to the Borough Planning Commission and allow the Planning Commission
30 days to review and comment on the special encroachment permit.
Council shall give public notice and hold a public hearing at which
all parties in interest shall have an opportunity to be heard.
B.
A refusal by the Borough Council to grant a special encroachment
permit may be appealed by the applicant to the Zoning Hearing Board
in the same manner as is provided in § 112-121 of this Code.
The reservation for public grounds shall lapse and become void
one year after the owner of such property has submitted a written
notice to the Borough Council announcing his or her intention to build,
subdivide or otherwise develop the land covered by the reservation,
or has made formal application for an official building permit to
build a structure for private use, unless the Borough Council shall
have acquired the property or begun condemnation proceedings to acquire
such property before the end of the one-year period.
The provisions of this chapter are severable, and if any article,
section, subsection, clause, sentence or part thereof shall be held
or declared illegal, invalid or unconstitutional by any court of competent
jurisdiction, the decision shall not affect or impair any of the remaining
articles, sections, subsections, clauses, sentences or parts thereof
of this chapter. It is hereby declared to be the intent of the Borough
Council that this chapter would have been adopted if such illegal,
invalid or unconstitutional article, section, subsection, clause,
sentence or part thereof had not been included herein.
