Borough of Downingtown, PA
Chester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Downingtown 2-3-1936. Amendments noted where applicable.]
Shade Tree Commission — See Ch. 80.
Subdivision of land — See Ch. 256.
Zoning — See Ch. 287.
[Amended 3-9-1970 by Ord. No. 712]
Pursuant to the Pennsylvania Municipalities Planning Code, Act 247 of January 1969,[1] there is hereby reestablished a Planning Commission in the Borough of Downingtown, consisting of seven persons.
Editor's Note: See 53 P.S. § 10101 et seq.
The term of office shall be four years, with two members being appointed by the Council every year, with the exception of one member being appointed every fourth year. An appointment to fill a vacancy shall be only for the unexpired portion of the term. All members of said Commission shall reside within the zone of jurisdiction of said Commission as hereinafter defined.
They may make and alter rules and regulations for their own organization and procedure, consistent with the ordinances of the Borough and the laws of the commonwealth.
They shall serve without compensation and annually make a report to the Council of their transactions.
They may employ engineers and other persons whose salaries and wages and other necessary expenses of the Commission shall be provided for through proper appropriation by the Council.
The Secretary of the Council shall, upon introduction, furnish to the Borough Planning Commission for its consideration a copy of all ordinances and bills, and all amendments thereto, relating to the location of any public building of the Borough, and to the location, extension, widening, narrowing, enlargement, ornamentation and parking of any street, boulevard, parkway, park, playground or other public ground; and to the relocation, vacation, curtailment, change of use or any other alteration of the Borough plan with relation to any of the same; and to the location of any bridge, tunnel, subway or any surface, underground or elevated railway. Said Commission shall have the power to disapprove any of said ordinances, bills or amendments, which disapproval, however, must be communicated to the Council, in writing, within 10 days from the introduction of said ordinance, but such disapproval shall not operate as a veto.
The Borough Planning Commission may make or cause to be made and lay before the Council and, at its discretion, cause to be published maps of the Borough or any portion thereof, including territory extending three miles beyond the Borough limits, showing the streets, highways and other natural and artificial features and also locations proposed by it for any new public building, civic center, street, parkway, park, playground or any other public ground or public improvement or any widening, extension or relocation of the same or any change in the Borough plan by it deemed advisable; and it may make recommendations to the Council from time to time concerning any such matters and things aforesaid, for action by the Council thereon, and, in so doing, have regard for the present conditions and future needs and growth of the Borough and the distribution and relative location of all the principal and other streets, railways, waterways and all other means of public travel and business communications, as well as the distribution and relative locations of all public buildings, public grounds and open spaces devoted to public use.
The Borough Planning Commission may make recommendations to any public authorities or any corporation or individuals in said Borough with reference to the location of any buildings, structures or works to be erected or constructed by them.
All plans, plots or replots of land laid out in building lots, and the streets, alleys or other portions of the same, intended to be dedicated to public use or for the use of purchasers or owners of lots fronting thereon or adjacent thereto and located within the Borough limits shall be submitted to the Borough Planning Commission and approved by it before they shall be recorded. It shall be unlawful to receive or record such plan in any public office unless the same shall bear thereon, by endorsement or otherwise, the approval of the Borough Planning Commission. The disapproval of any such plan by the Borough Planning Commission shall be deemed a refusal of the proposed dedication shown thereon. The approval of the Commission shall be deemed an acceptance of the proposed dedication but shall not impose any duty upon the Borough concerning the maintenance or improvement of any such dedicated parts until the proper authorities of the Borough shall have made actual appropriations of the same by entry, use or improvement. No sewer, water or gas main or pipes or other improvement shall be voted or made within the area under the jurisdiction of said Commission for the use of any such purchasers or owners, nor shall any permit for connection with or other use of any such improvement, existing or for any other reason made, be given to any such purchasers or owners until such plan is so approved.
The Borough Planning Commission shall have access to the maps, files and other papers of the Borough. Within the limitations prescribed and appropriations provided for the purpose, the Council may, on motion, authorize maps and plans to be made under the supervision of the Planning Commission and likewise authorize changes and additions to be made to the maps and plans. The Commission may recommend such changes and additions as it may deem proper, but such recommendations shall not restrict the right of the Council to initiate proceedings for the laying out and changing of highways and public places in the Borough.