[HISTORY: Adopted by the Borough Council of the Borough of
Malvern 12-15-2015 by Ord. No.
2015-7[1]; readopted 2-21-2017 by Ord. No. 2017-1. Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 179.
[1]
Editor's Note: This ordinance was originally adopted
as Ch. 175 but was renumbered to maintain the organization of the
Code.
The Borough hereby adopts as the Official Map of the Borough
of Malvern the draft Official Map attached hereto as Exhibit A and
incorporated herein by reference.[1]
[1]
Editor’s Note: Said map is on file in the office of
the Borough Secretary.
This chapter shall become effective in accordance with the provision
of the Borough Code of the Commonwealth of Pennsylvania.[1]
[1]
Editor's Note: See 8 Pa.C.S.A. § 101 et seq.
Article IV of the Pennsylvania Municipalities Planning Code
("MPC")[1] authorizes the Borough to prepare and adopt an Official
Map of the Borough showing existing and proposed public streets (including
widenings and narrowings of the same), pedestrianways, public grounds,
public parks, playgrounds, open space reservations, and other public
lands and facilities. In accordance with the MPC, the Borough has
enacted this chapter adopting an Official Map, which Official Map
was recorded in Plan Book ____, Page _____,[2] in the Office of the Recorder of Deeds in and for Chester
County, Pennsylvania. 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. The
adoption of an updated Official Map will assist landowners in the
determination of the uses and development of their lands within the
Borough. The Borough has solicited reviews of the proposed Official
Map from the Planning Commission of the Borough of Malvern, the Chester
County Planning Commission, and the various planning commissions of
municipalities which are contiguous to the Borough. Following the
receipt of comments and recommendations from such bodies, Borough
Council held a public hearing in accordance with the requirements
of Article IV of the MPC.
The Official Map includes existing and proposed public streets
(including widenings and narrowings of the same), pedestrianways,
public grounds, public parks, playgrounds, open space reservations,
and other public lands and facilities.
The Borough directs that under the adoption of this chapter,
a copy of the Official Map of the Borough of Malvern, verified by
the Borough Council, shall be submitted by the Borough to the Recorder
of Deeds of Chester County to be recorded within 60 days of the effective
date hereof. Upon recordation, the Borough shall amend the references
to the place or index of recordation as may be required in this chapter.
The Borough Manager is further authorized to transmit certified copies
of the Official Map to those entities required to be provided with
copies by the MPC.
This chapter shall be interpreted and construed in accordance
with and in order to be consistent with Article IV of the MPC.[1] All actions of the Borough taken pursuant to this chapter
or the Official Map adopted hereby shall be consistent and in accordance
with Article IV of the MPC.
[1]
Editor's Note: See 53 P.S. § 10401 et seq.
The Borough retains the right to amend the Official Map adopted
by this chapter from time to time by appropriate action of the Borough
Council in accordance with the procedural requirements of the MPC,
as amended from time to time.
Those persons who own lands within areas shown on the Official
Map as proposed streets or highways, proposed trails or other proposed
public areas shall be subject to the duties and shall have the rights
set forth in Article IV of the MPC.[1]
[1]
Editor's Note: See 53 P.S. § 10401 et seq.
The Official Map adopted by, or amended in accordance with,
this chapter shall continue in force as to any preliminary or final
plan which is pending action by the Borough Council at the effective
date of this chapter.
The properties depicted as proposed property for acquisition
for public purposes shall be reserved for future taking or acquisition
for public purposes in perpetuity until actually acquired by the Borough.
