[HISTORY: Adopted by the Board of Supervisors of the Township of
Thornbury 5-21-1996 by Ord. No. 1996-3.
Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Thornbury Township
Official Map Ordinance."
This chapter is enacted and ordained under the grant of powers by the
General Assembly of the Commonwealth of Pennsylvania in the "The Pennsylvania
Municipalities Planning Code," Act 170 of 1988, December 21, P.L. 1329, as
amended (hereinafter "MPC").[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
This chapter 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.
A.
Word usage. For the purposes 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" or "occupied" include the words "intended,
designed, maintained or arranged to be used or occupied."
B.
BOARD OF SUPERVISORS
BUILDING
COUNTY
PUBLIC
PUBLIC GROUNDS[1]
PUBLIC NOTICE
RIGHT-OF-WAY
STREET
TOWNSHIP
WATERCOURSE
Definitions. Unless a contrary intention clearly appears,
the following words and phrases shall have the meanings given in this subsection.
All words and terms not defined herein shall be used with a meaning of standard
usage.
The Board of Supervisors of Thornbury Township, Chester County, Pennsylvania.
A structure, including any part thereof, having a roof and used for
the shelter or enclosure of persons or property.
Chester County, Pennsylvania.
Owned, operated or controlled by a government agency.
Includes:
Notice published once each week for two successive weeks in a newspaper
of general circulation in the Township. Such notice shall state the time and
place of the hearing and the particular nature of the matter to be considered
at the hearing. The first publication shall not be more than 30 days and the
second publication shall not be less than seven days from the date of the
hearing.[2]
A corridor of land set aside for use, in whole or in part, by a street.
A street, avenue, boulevard, road, highway, freeway, parkway, lane,
alley, viaduct and any other ways used or intended to be used by vehicular
traffic or pedestrians.
Thornbury Township, Chester County, Pennsylvania.
A stream of surface water, including river, stream, creek or run,
whether or not intermittent.
The Official Map, as enacted and subsequently amended, shall identify
the location of the lines of existing and proposed public streets, well sites,
watercourses and public grounds, including widenings, narrowing, extensions,
diminutions, openings or closings.
A.
For the purpose of initially reserving land on the Official
Map, property records, aerial photography, photogrammetic mapping or other
method sufficient for the identification, description and publication of areas
for reservation on the Official Map will be sufficient. For the acquisition
of lands and easements, boundary descriptions by metes and bounds shall be
made and sealed by a licensed 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 Subsection A above and may also vacate any existing or proposed public street, watercourse or public ground contained in the Official Map or part thereof.
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.
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 Thornbury Township referred to in Chapter 37, Official Map, §§ 37-4 through 37-9 of the Code of the Township of Thornbury," together with the date of enactment of this chapter. The Official Map shall be kept on file in the township office.
If, in accordance with the provisions of this chapter, 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 § 37-14 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.
The adoption of an Official Map by the county shall not affect the Official
Map of Thornbury 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.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
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.
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.
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 included 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 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 so 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 Thornbury Township Zoning Hearing Board in the same manner and within
the same time limitation as is provided in Article IX of the MPC[1] in accordance with §§ 37-15, 37-16 and 37-17 of this chapter.
A.
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. 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 the
owner's 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.
B.
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.
[1]
Editor's Note: See 53 P.S. § 10901 et seq.
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 property executed by the Board of Supervisors and the
owner and recorded, shall be binding upon any successor in title.
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 Section 408 of the MPC.[1] 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 the 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.
[1]
Editor's Note: See 53 P.S. § 10408.
C.
Following adoption of the ordinance and Official Map,
or part thereof or amendment thereto, a copy of the 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.
After adoption of the Official Map, or part thereof, all streets, watercourses
and public grounds and the elements listed in Section 401 of the MPC[1] on final, recorded plats which have been approved as provided
by the MPC[2] and Chapter 115, Subdivision and Land Development, shall be deemed amendments to the Official Map. Notwithstanding any of the other terms of this section and § 37-13 above, 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.
Whenever any person, partnership or corporation shall have violated
the terms of this chapter, the Township Manager 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 Manager shall deem reasonable. Further, the
Manager 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
U.S. Postal Service, first class, postage prepaid, or by certified or registered
mail; or by personal service; or, if the property is occupied, by posting
notice at a conspicuous place upon the affected property.
Any person who violates or permits a violation of this chapter shall,
upon being found liable therefor in a civil enforcement proceeding commenced
by the township before a District Justice, pay a fine of not more than $600,
plus all court costs, including reasonable attorney's fees, incurred
by the township in the enforcement of this chapter. No judgment shall be imposed
until the date of the determination of the violation by the District Justice.
If the defendant neither pays nor timely appeals the judgment, the township
may enforce the judgment pursuant to the applicable Rules of Civil Procedure.
Each day a violation exists shall constitute a separate offense. Further,
the appropriate officers or agents of the township are hereby authorized to
seek equitable relief, including injunction, to enforce compliance herewith.
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-A of the MPC, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 11001-A et seq.
