[HISTORY: Adopted by the Council of the Borough of West Chester 7-19-2017 by Ord. No. 11-2017. Amendments noted where applicable.]
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.
Editor's Note: The Official Map is included as an attachment to this chapter.
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.
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.
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.
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.