CHARLESTOWN TOWNSHIP

 CHESTER COUNTY, PENNSYLVANIA

 

Public Notice

 

            NOTICE IS GIVEN that the Board of Supervisors of Charlestown Township will hold a public hearing on May 1, 2006 at 7:30 PM, as part of the BoardÕs regularly scheduled public meeting, at the Great Valley Middle School, 255 N. Phoenixville Pike, Malvern PA, 19355, Room 154 to inform the public, obtain public comment and consider passage of the following Ordinance re-adopting and amending the Official Map of Charlestown Township.  At the conclusion of the public hearing, the Board of Supervisors will consider enactment and possibly enact the proposed Ordinance at its regular public meeting to be held at the same date, time and location as the public hearing noticed herein above.  The full text of the ordinance is as follows:

 

 

AN ORDINANCE OF CHARLESTOWN TOWNSHIP, CHESTER COUNTY, COMMONWEALTH OF PENNSYLVANIA RE-ADOPTING AND AMENDING THE OFFICIAL MAP OF CHARLESTOWN TOWNSHIP AND INCLUDING A REPEALER CLAUSE, A SEVERANCE CLAUSE, AND AN EFFECTIVE DATE.

 

WHEREAS, On October 20, 2003, the Charlestown Township Board of Supervisors (the ÒBoard of SupervisorsÓ) adopted Ordinance No. 109-2003 adopting an Official Map of Charlestown Township (the ÒOfficial Map OrdinanceÓ) in accordance with Article IV of the Pennsylvania Municipalities Planning Code (ÒMPCÓ); and

 

NOW, THEREFORE, be it ORDAINED and ENACTED as follows:

 

Section 1.       The Board of Supervisors hereby amends its Official Map Ordinance, as amended, to read as follows:

 

a.         The following sentence shall be added to Section 1.3 of the Official Map Ordinance to read as follows:

 

Purpose.  This Ordinance shall have no effect on the issuance of a building permit for one single family detached residential dwelling and/or lawful accessory structures on a lot existing prior to the enactment of this Ordinance; or the subdivision of an existing lot into two lots for single family dwellings in the FR-Farm Residential District; or the issuance of a building permit for a barn, swimming pool, shed, tennis court, or like type structure.

 

            b.         Section 3.1.1. of the Official Map Ordinance shall be replaced in its entirely with the following:

 

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 acquisition for public use.  However, the reservation for public grounds shall lapse and become void ninety (90) days after completion of the TownshipÕs initial 45-day review period provided for in Section 3.3.  The TownshipÕs 45-day review period shall commence after the owner of such property has submitted a written notice to the Board of Supervisors announcing the owner's intentions to 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 agreed to acquire the property or any interest in such property before the end of ninety (90) days.  Written notice to the Township as contemplated by this section shall be provided by all legal owners of a parcel as recorded by the Chester County Tax Assessment Office. 

 

c.         A new Section 3.3 Notice, shall be added to the Official Map Ordinance to read as follows:

 

Within forty-five (45) days after receiving written notice of a property ownerÕs intentions to subdivide or otherwise develop land covered by the reservation, the Board of Supervisors shall provide written notice to the owner of the property stating its intent to either enter into negotiations with the property owner for acquisition of the property or any interest in the property or in the alternative, its intent not to enter into negotiations.  If the Township has given written notice of its intent not to enter into negotiations for the property, the owner of the property shall be free to pursue development of the property.  If the Township does not provide written notice of its intent to the property owner within forty-five (45) days, it shall be deemed to be notice to the owner of the TownshipÕs intent not to enter into negotiations for acquisition of the property.

 

d.         A new Section 6.1.5 shall be added to the Official Map Ordinance to read as follows:

 

For purposes of this Ordinance, all written notices that are to be provided to the Township or to a property owner shall be via certified mail. 

 

e.         The following definition shall be added to Section 6.2 of the Official Map Ordinance:

 

Owner:  The legal owner or owners of property designated as part of the official map as recorded by the Chester County Tax Assessment Office and in the case of a deceased owner, the personal representative of the estate, including but not limited to the administrator, administratrix, executor and/or executrix of the estate.

 

            f.          The Official Map Ordinance shall be amended by adding to the Map the following 71 properties to be identified as Open Space Reservations:

 

Tax Map Parcel ID No. 35-01 -0005.0000  Tipton brook Lane

Tax Map Parcel ID No. 35-01 -0005.0100  Tipton brook Lane

Tax Map Parcel ID No. 35-01 -0012.0000  Charlestown Road

Tax Map Parcel ID No. 35-01 -0013.0200  Honeysuckle Lane

Tax Map Parcel ID No. 35-01 -0014.0000  Merlin Road

Tax Map Parcel ID No. 35-02 -0005.0100  Charlestown Road

Tax Map Parcel ID No. 35-02 -0007.0000  Fisher Lane

Tax Map Parcel ID No. 35-02 -0007.0500  Charlestown Road

Tax Map Parcel ID No. 35-02 -0011.0300  Charlestown Road

Tax Map Parcel ID No. 35-02 -0014.0000  Sycamore Lane

Tax Map Parcel ID No. 35-02 -0075.0000  Church Road

Tax Map Parcel ID No. 35-02 -0076.0000  Church Road

Tax Map Parcel ID No. 35-02 -0078.0000  Church Road

Tax Map Parcel ID No. 35-02 -0094.0000  Bird Lane

Tax Map Parcel ID No. 35-02 -0119.0100  Tinkerhill Road

Tax Map Parcel ID No. 35-02 -0119.01A0  Union Hill Road

Tax Map Parcel ID No. 35-02 -0119.01H0  Union Hill Road

Tax Map Parcel ID No. 35-02 -0119.01J0  Union Hill Road

Tax Map Parcel ID No. 35-02 -0121.0000  Mine Road

Tax Map Parcel ID No. 35-02 -0122.0000  Mine Road

Tax Map Parcel ID No. 35-02 -0122.0100  Mine Road

Tax Map Parcel ID No. 35-02 -0122.0400  Union Hill Road

Tax Map Parcel ID No. 35-02 -0123.0000  Whitehorse Road

Tax Map Parcel ID No. 35-03 -0001.0100  Seven Oaks Road

Tax Map Parcel ID No. 35-03 -0002.0000  McQuail Lane

Tax Map Parcel ID No. 35-03 -0007.0000  Merlin Road

Tax Map Parcel ID No. 35-03 -0009.0000  Merlin Road

Tax Map Parcel ID No. 35-03 -0009.0100  Merlin Road

Tax Map Parcel ID No. 35-03 -0014.0000  Green Lane Road

Tax Map Parcel ID No. 35-03- 0015.0000  Charwyn Lane

Tax Map Parcel ID No. 35-03 -0015.0100  Charwyn Lane

Tax Map Parcel ID No. 35-03 -0021.0100  Smith Lane

Tax Map Parcel ID No. 35-03 -0024.0100  Foster Road

Tax Map Parcel ID No. 35-03 -0024.0200  Green Lane Road

Tax Map Parcel ID No. 35-03 -0024.0300  Foster Road

Tax Map Parcel ID No. 35-03 -0025.0000  Green Lane Road

Tax Map Parcel ID No. 35-03 -0027.0000  Green Lane Road

Tax Map Parcel ID No. 35-03 -0028.0000  Green Lane Road

Tax Map Parcel ID No. 35-03 -0028.0100  Yellow Springs Road

Tax Map Parcel ID No. 35-03 -0031.0000  Green Lane Road

Tax Map Parcel ID No. 35-03 -0033.0000  Valley Hill Road

Tax Map Parcel ID No. 35-03 -0043.0000  Wells Road

Tax Map Parcel ID No. 35-03 -0046.0000  Wells Road

Tax Map Parcel ID No. 35-03 -0048.0200  Wells Road

Tax Map Parcel ID No. 35-03 -0048.0300  Wells Road

Tax Map Parcel ID No. 35-03 -0049.0200  Merlin Road

Tax Map Parcel ID No. 35-03 -0049.0300  Merlin Road

Tax Map Parcel ID No. 35-03 -0062.0000  Wells Road

Tax Map Parcel ID No. 35-03 -0063.0000  Wells Road

Tax Map Parcel ID No. 35-03 -0064.0000  Wells Road

Tax Map Parcel ID No. 35-04 -0007.0000  Charlestown Road

Tax Map Parcel ID No. 35-04 -0007.0100  Charlestown Road

Tax Map Parcel ID No. 35-04 -0033.0000  Charlestown Road

Tax Map Parcel ID No. 35-04 -0048.0000  State Road

Tax Map Parcel ID No. 35-04- 0062.0000  State Road

Tax Map Parcel ID No. 35-04 -0070.0000  Union Hill Road

Tax Map Parcel ID No. 35-04 -0071.0100  State Road

Tax Map Parcel ID No. 35-04 -0080.0000  Mine Road

Tax Map Parcel ID No. 35-04 -0082.0000  Whitehorse Road

Tax Map Parcel ID No. 35-04 -0082.0100  Whitehorse Road

Tax Map Parcel ID No. 35-05 -0001.0300  Clothier Springs Road

Tax Map Parcel ID No. 35-05 -0001.0400  Clothier Springs Road

Tax Map Parcel ID No. 35-06 -0002.0000  Hillsover Lane

Tax Map Parcel ID No. 35-07 -0001.0000  Hillsover Lane

Tax Map Parcel ID No. 35-07 -0002.0000  Bodine Road

Tax Map Parcel ID No. 35-07 -0003.0000  McQuail Lane

Tax Map Parcel ID No. 35-07 -0007.0200  Hillsover Lane

Tax Map Parcel ID No. 35-4-47.03B  Charlestown Road

Tax Map Parcel ID No. 35-4-47.03C  Charlestown Road

Tax Map Parcel ID No. 35-4-50  Charlestown Road

Tax Map Parcel ID No. 35-4-85  Phoenixville Pike

 

Section 2.       The Board of Supervisors has reviewed the revised official map for the Township and desires to re-adopt the same as the Official Map of the Township of Charlestown.

 

Section 3.       The Board of Supervisors hereby adopts as the Official Map of the Township of Charlestown, Chester County, Pennsylvania, a certain base map dated
February 2005, and overlay map dated 9/12/2005, last revised 3/2/2006 prepared by Thomas Comitta Associates Inc.

 

Section 4.       The Official Map includes all existing conditions as identified and depicted on the overlay map referred to in Section 3 above.

 

Section 5.       The Official Map includes all proposed sidewalks, trails, roads, stream corridor easements, open space and Public Parks and Open Spaces on the base map referred to in Section 3 above.  The aforesaid properties and features as depicted on the base map are hereby reserved for future acquisition for public use in perpetuity until actually acquired by the Township.  However, the reservation for public grounds shall lapse and become void as set forth in Section 3.1.1 of this ordinance.

 

Section 6.       This Ordinance shall be interpreted and applied consistent and in accordance with MPC Article IV.  All actions of the Township taken pursuant to this Ordinance or the Official Map adopted hereby shall be consistent and in accordance with MPC Article IV unless specified otherwise.  

 

Section 7.       The Board of Supervisors directs that following adoption of this Ordinance, a copy of the Official Map of Charlestown Township, verified by the Board of Supervisors, shall be submitted to the Recorder of Deeds of the County of Chester to be recorded within sixty (60) days of the effective date hereof.

 

Section 8.       This Ordinance 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 water courses.

 

Section 9.       Severability. Should any section 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 this Ordinance than the one so declared.

 

Section 10.     Repealer.  All Ordinances and parts of Ordinances inconsistent herewith are hereby repealed to the extent of the said inconsistency.

 

Section 11.     Effective Date. This Ordinance shall become effective in accordance with the provisions of the Second Class Township Code of the Commonwealth of Pennsylvania.

 

 

A full text copy of the proposed Ordinance is available for public examination without charge or may be obtained for a charge not greater than the cost of copying at the Charlestown Township office, 4030 Whitehorse Road, Devault, Pennsylvania 19432 during regular business hours Monday through Friday, 9:00 A.M. to 3:00 P.M., except holidays.  An opportunity will be afforded to all interested persons in attendance at the hearing and meeting to address the Board of Supervisors in the matter of the proposed ordinance.  If you are a person with a disability and wish to attend the meeting as noticed above, and require an auxiliary aid, service or other accommodation to observe or participate in the proceedings, please contact Linda Csete, Township Secretary (610-240-0326), to discuss how Charlestown Township may best accommodate your needs.

 

Linda Csete

Township Secretary

 

 

Please publish twice on April 16, 2006 and April 23, 2006 and send proof of publication and statement to: Linda Csete, Township Administrator, Charlestown Township, P.O. Box 507, 4030 Whitehorse Road, Devault, PA 19432