ORDINANCE NO. 132

 

AN ORDINANCE ESTABLISHING, REGULATING AND DETERMINING FOR LANDS IN KENNETT TOWNSHIP: THE MAPPING AND RESERVATION OF LAND FOR FUTURE PUBLIC STREETS AND PUBLIC GROUNDS; THE RESTRICTION OF BUILDING WITHIN MAPPED AREAS; AND PROVIDING FOR THE ADOPTION, AMENDMENT, AND ENFORCEMENT OF THIS ORDINANCE.

 

WHEREAS, Article IV of the Pennsylvania Municipalities Planning Code (Act 247), as amended, empowers Kennett Township to enact an official map and to provide for its administration, enforcement, and amendment; and

 

WHEREAS, the Board of Supervisors deems it necessary, for the purpose of promoting the health, safety, and general welfare of Kennett Township to enact such an ordinance; and

 

WHEREAS, the Board of Supervisors, pursuant to the provisions of Article II of the Pennsylvania Municipalities Planning Code, as amended, has appointed a Planning Commission to plan for the future development of Kennett Township; and

 

WHEREAS, the Planning Commission has assessed present problems and future desires relating to transportation, park and open space needs, and other public facilities; and

 

WHEREAS, the Planning Commission has prepared and recommended to the Board of Supervisors an Official Map Ordinance, consisting of a text and map, to reserve land for these needs; and

 

WHEREAS, the Board of Supervisors has given due public notice of hearings on the proposed Ordinance and has held such public hearings; and

 

WHEREAS, all requirements of Article IV of the Pennsylvania Municipalities Planning Code, as amended, have been met with regard to the preparation of the report of the Planning Commission and subsequent action of the Board of Supervisors.

 

NOW, THEREFORE BE IT ORDAINED, by the Board of Supervisors of Kennett Township, the County of Chester, Commonwealth of Pennsylvania, as follows:

 

ARTICLE I

GENERAL PROVISIONS

 

SECTION 101      SHORT TITLE

 

This Ordinance shall be known and may be cited as the Official Map of Kennett Township.

 

SECTION 102      AUTHORITY

 

This Ordinance is enacted and ordained under the grant of powers by the General Assembly of the Commonwealth of Pennsylvania, "The Pennsylvania Municipalities Planning Code," Act of 1968, PL. 805, No. 247 as reenacted and amended.

 

SECTION 103      PURPOSE

 

This Ordinance is enacted 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 community; and to facilitate the subdivision of land and the use of land.

 

 

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SECTION 104      Severability

 

Should any article or provision of this Ordinance 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 the one so declared.

 

ARTICLE II

ESTABLISHMENT OF CONTROLS

 

SECTION 201      Provisions of the Official Map

 

The Official Map, as enacted, as subsequently amended, shall identify the location of the lines of existing and proposed public streets, watercourses, and public grounds, including widenings, narrowings, extensions, diminutions, openings, or closings.

 

A.        For the purposes of initially reserving land on the Official Map, property records, aerial photography, photogrammetric 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, registered in the Commonwealth of Pennsylvania.

 

B.         The Board of Supervisors, by amending ordinances, may make additions or modifications to the Official Map or parts thereto by following the provisions included in Section 201.A and may also vacate any existing or proposed public street, watercourse or public ground contained in the Official Map, or part thereof.

 

C.         Unless otherwise specified, on the official map or within other controlling ordinance provisions, all proposed public street rights-of-way and widenings of existing public street rights-of-way shall meet the design requirements specified in Section 502.2 of the Kennett Township Subdivision and Land Development Ordinance for the highway functional classification as designated by the Official Map or the Kennett Township Comprehensive Plan.

 

SECTION 202      Incorporation of the Official Map

 

The Official Map, including all notations, references, and other data shown thereon, is hereby incorporated by reference into this Ordinance as if it were fully described herein.

 

A.        Certification of the Official Map

 

            The Official Map shall be identified by the signatures of the  Board of Supervisors, attested by the Kennett Township Secretary, under the following words: "This is to certify that this is the Official Map of Kennett Township referred to in Ordinance Number      of Kennett Township, Chester County, Pennsylvania", together with the date of enactment of this Ordinance.  The Map shall be kept on file with the Kennett Township Secretary.

 

B.         The Official Map and Official Map Ordinance have been adopted pursuant to the provisions provided in Section 402 of the Pennsylvania Municipalities Planning Code.

 

C.         Changes in the Official Map

 

If, in accordance with the provisions of this Ordinance, changes are made to the location of lines designating existing or proposed public streets, watercourses, or public grounds, such changes shall

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be entered promptly on said Map.  All changes, except those resulting from subdivision and land development plans as specified in Section 402 shall be certified by initialing of the Map by the Chairman of the Board of Supervisors together with the amending ordinance number and date of enactment.

 

SECTION 203      Relationship With Adjacent Municipalities

 

If the Official Map, or an 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.

 

ARTICLE III

EFFECTS OF CONTROLS

 

SECTION 301      Construction within Mapped Streets or Public Grounds

 

For the purposes of preserving the integrity of the Kennett Township 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.

 

SECTION 302      Special Encroachment Permit

 

A.        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 Kennett Township Planning Commission and allow the Planning Commission thirty (30) days to review and comment on the special encroachment permit and 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 Board of Supervisors to grant the special encroachment permit may be appealed by the applicant before the Zoning Hearing Board in the same manner, and within the same time limitations as is provided in Article IX of the Pennsylvania Municipalities Planning Code in accordance with Section 505 of this Ordinance.

 

SECTION 303      Time Limitations on Reservations

 

The Board of Supervisors may fix the time for which streets and public grounds on the Official Map shall be deemed reserved for future public use.  The reservation for public grounds shall lapse and become void one (1) year after the 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 building 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.

 

SECTION 304      Effect of Official Map on Mapped Streets and other Public Lands

 

 

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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 Kennett Township to improve or maintain any such street or land.  The adoption 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 Kennett Township.

 

SECTION 305      Release of Damage Claims or Compensation

 

Kennett Township may designate any of its employees or officers to negotiate with the owner of the land whereon reservations are made, releases of claims for damages or compensation for such reservations are required, or agreements indemnifying Kennett Township from such claims by others may be required.  Any such releases or agreements when properly executed by Kennett Township and the owner, and recorded, shall be binding upon successor in title.

 

ARTICLE IV

ADOPTION AND AMENDMENT

 

SECTION 401      Procedure

 

A.        Prior to the adoption of the Official Map or part thereof, or any amendment to the Official Map, Kennett Township shall refer the proposed Official Map, or part thereof or amendment thereto, with an accompanying ordinance describing the proposed map, to the Kennett Township Planning Commission and the Chester County Planning Commission for review.  The Kennett Township Planning Commission shall report their recommendations on said proposed Official Map and accompanying ordinance, part thereof, or amendment thereto within forty-five (45) days unless an extension of time shall be agreed to by the Board of Supervisors.  If, however, the planning commission fails to act within the forty-five (45) days, the Board of Supervisors may proceed without its recommendations.

 

B.         The County Planning Commission may offer comments and recommendations during said 45-day review period in accordance with Section 408 of the Pennsylvania Municipalities Planning Code.

 

C.         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.

 

SECTION 402      Effect of Approved Plans on Official Map

 

After adoption of the Official Map, or part thereof, all streets, watercourses, and public grounds and the elements listed in Section 401 of the Pennsylvania Municipalities Planning Code on final, recorded plats which have been approved as provided by this Act shall be deemed amendments to the Official Map.  Notwithstanding any of the other terms of this article, no public hearing needs to be held or public 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 this Ordinance.

 

ARTICLE V

VIOLATIONS, PENALTIES AND APPEALS

 

SECTION 501      Causes of Action

 

Where any building or structure is erected, reconstructed, converted or maintained, or any building, structure or land is used in violation of this Ordinance, the Supervisors, or, with the approval of the Board of Supervisors, the Zoning Officer may in the name of Kennett Township:

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A.        Institute any appropriate action or proceedings to prevent such unlawful activity;

 

B.         Restrain or abate such violation;

 

C.         Prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.

 

SECTION 502      Notice of Violations

 

Where it appears to Kennett Township that a violation of any provisions of this ordinance has occurred, the Zoning Officer shall initiate enforcement proceedings by sending an enforcement notice as provided in this section.

 

A.        The enforcement notice shall be sent to the owner of record on which the violation has occurred, to any person who has filed a written request to receive enforcement notices regarding that parcel, and to any other person requested in writing by the owner of record.

 

B.         The enforcement notice shall state the following:

 

            1.         The name of the owner of record and any other person against whom Kennett Township intends to take action.

 

            2.         The location of the property in violation.

 

            3.         The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of the ordinance.

 

            4.         The date before which the steps for compliance must be commenced and the date before which steps must be completed.

 

            5.         That the recipient of the notice has the right to appeal to the Zoning Hearing Board within a prescribed period of time in accordance with procedures set forth in the ordinance.

 

            6.         That failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation, with possible sanctions clearly described.

 

SECTION 503      Discontinuance

 

Where the notice of violation is not complied with in the time period set forth in the notice, the Zoning Officer shall order the discontinuance of such unlawful use of land, structure, or building involved in said violation.

 

SECTION 504      Enforcement Remedies

 

Any person who shall violate the provisions of this Ordinance shall, upon conviction in a summary proceeding, be sentenced to pay a fine of not more than five hundred dollars ($500) plus all court costs, including reasonable attorney fees incurred by Kennett Township as a result thereof.  If the defendant neither pays nor timely appeals the judgment, Kennett Township may enforce the judgment pursuant to applicable rules of civil procedure.  Each day a violation continues constitutes a separate violation, unless the district justice determining that there has been a violation further determines that there was a good faith basis for the person violating the ordinance to have believed there was no such violation, in which event

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there shall be deemed to have been only one such violation until the fifth (5th) day following the date of the determination of a violation by the district justice and thereafter each day that a violation continues shall constitute a separate violation.  All judgments, costs, and reasonable attorney fees collected for the violation of this Ordinance shall be paid over to Kennett Township.

 

SECTION 505      Appeals

 

Any appeal from a decision or action of the Board of Supervisors or of any officer of Kennett Township in matters pertaining to this Ordinance shall be made to the Zoning Hearing Board in the same manner and within the same time limitations as is provided for zoning appeals in Article IX of the Pennsylvania Municipalities Planning Code, as amended.

 

ARTICLE VI

DEFINITION OF TERMS

 

SECTION 601      Language Interpretations

 

For the purposes of this Ordinance, certain terms and words used herein shall be interpreted as follows:

 

A.        Words used in the present tense include the future tense; the singular number includes the plural, and the plural number includes the singular; words of masculine gender include feminine gender, and words of feminine gender include masculine gender.

 

B.         The word "includes" or "including" shall not limit the term to the specific example, but is intended to extend its meaning to all other instances of the kind and character.

 

C.         The word "person" includes an individual, firm, association, organization, partnership, trust, company, corporation, or any other similar entity.

 

D.        The words "shall" and "must" are mandatory words and "may" and "should" are permissive.

 

E.         The words "used" or "occupied" include the words "intended, designed, maintained, or arranged to be used or occupied."

 

SECTION 602      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.

 

A.        BOARD OF SUPERVISORS:  The Board of Supervisors, Kennett Township, County of Chester, Commonwealth of Pennsylvania.

 

B.         COUNTY:  The County of Chester, Commonwealth of Pennsylvania.

 

C.         HIGHWAY FUNCTIONAL CLASSIFICATION:  The identification of general operating conditions and operational characteristics of roads categorized according to a hierarchy, as designated by the Official Map or the Kennett Township Comprehensive Plan.

 

D.        MUNICIPAL; MUNICIPALITY:  Kennett Township, the County of Chester, Commonwealth of Pennsylvania.

 

E.         PUBLIC:  Owned, operated, or controlled by a government agency.