[HISTORY: Adopted by the Board of Supervisors of the Township
of Potter 7-14-2014 by Ord. No. 1-2014. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Potter
Township Official Map Ordinance."
This chapter is enacted and ordained under the grant of powers
by the General Assembly of the Commonwealth of Pennsylvania, the Pennsylvania
Municipalities Planning Code (PA MPC), Act of 1968, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
This chapter is enacted for the following purposes:
A.
To promote, protect, and facilitate the general health, safety, and
welfare of its citizens;
B.
To facilitate adequate provision of public streets and sidewalks;
C.
To improve traffic circulation;
D.
To provide for the recreational and open space needs of the community;
E.
To provide pedestrian ways and easements;
F.
To protect and enhance water resources;
G.
To provide for flood control basins, floodways and floodplains, stormwater
management areas and drainage easements; and
H.
To facilitate the subdivision of land and the use of land and watercourses.
A.
The Official Map, as enacted by this chapter, and subsequently amended,
may identify the location of the lines of:
(1)
Existing and proposed public streets, well sites, watercourses and
public lands, including widenings, narrowings, extensions, diminutions,
openings or closings of same.
(2)
Existing and proposed public land, parks, playgrounds, and open space
reservations.
(3)
Pedestrian ways and easements.
(4)
Railroad and transit rights-of-way and easements.
(5)
Flood control basins, floodways and floodplains, stormwater management
areas and drainage easements.
B.
At the time of enactment of this chapter, all existing surveys designating
the exact location of the lines of existing public street rights-of-way,
watercourses and public lands, including surveys prepared by government
agencies or incorporated as part of final, recorded, subdivision and
land development plans duly approved by the Potter Township Supervisors
shall, by reference, be deemed an attachment to the Official Map for
the purpose of so designating the exact location of said existing
lines.
C.
The Township, by amending ordinances, may make additions or modifications
to the Official Map, or part thereof. For the purpose of initially
preserving land on the Official Map, property records, aerial photography,
other methods sufficient for identification, description and publication
of the Official Map shall be sufficient. For the acquisition of lands
and easements, boundary descriptions by metes and bounds shall be
made and sealed by a licensed surveyor. The Township may also vacate
by ordinance any existing or proposed public street, watercourse or
public lands contained in the Official Map, or part thereof.
D.
Unless otherwise specified, all proposed public street rights-of-way
and widening of existing public street rights-of-way shall meet the
width requirements specified in the Potter Township Code of Ordinances
and/or the Centre County Subdivision and Land Development Ordinance.
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.
A.
Certification of the Official Map. The Official Map shall be identified
by the signatures of the Potter Township Supervisors, attested by
the Township Secretary, under the following words: "This map is a
part of the Official Map of Potter Township, Centre County, Pennsylvania,"
together with the date of enactment. The Map shall be kept on file
with the Township Secretary. Following adoption of this chapter and
the Official Map, or any amendment thereof, a copy of the same, verified
by the Township Secretary, shall be submitted to the Recorder of Deeds
of Centre County and shall be recorded within 60 days of the effective
date of this chapter or amendment thereof.
B.
Changes in Official Map. 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 lands,
such changes shall be entered promptly on said Map. All changes, except
those resulting from subdivision and land development plans, shall
be certified by the initialing of the Map by the Chairman of the Township
Supervisors, together with the amending ordinance number and date
of enactment. Following adoption of the ordinance and Official Map,
or any amendment thereof, a copy of the same, verified by the Township
Secretary, shall be submitted to the Recorder of Deeds of Centre County
and shall be recorded within 60 days of the effective date of the
ordinance or amendment thereof.
C.
Relationship with adjacent municipalities. If the Official Map or
amendment thereto shows any streets or public lands intended to lead
into any adjacent municipalities, a copy of said Official Map or amendment
shall be forwarded to such adjacent municipality. The comments of
the adjacent municipality shall be made to the Township Supervisors
within 45 days of such forwarding, and the proposed action by the
Township Supervisors shall not be taken until such comments are received;
provided, however, if the adjacent municipality fails to provide comments
within 45 days, the Township Supervisors may proceed without the comments
of the adjacent municipality. Upon adoption of the Official Map, or
any amendment thereof, in which any street or public lands are intended
to lead into an adjacent municipality, a certified copy of the Map
and ordinance adopting it shall be forwarded within 30 days after
adoption to the adjacent municipality.
A.
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 land shown or laid out
on the Official Map. No person shall recover any damages for the taking
for public use of building or improvements constructed within the
lines of any street, any watercourse or public land 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 which
cannot yield a reasonable return to the owner unless a permit shall
be granted, the owner may apply to the Township Supervisors for the
grant of a permit to build. Before granting any permit authorized
in this section, the Township Supervisors may submit the application
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 Township Supervisors to grant the permit
applied for may be appealed by the applicant to the Zoning Hearing
Board in the same manner and within the same time limitation as is
provided in the Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
The Township Supervisors may fix the time for which streets, watercourses
and public lands on the Official Map shall be deemed preserved for
future taking or acquisition for public use.
C.
The reservation for public land shall lapse and become void one year
after an owner of such property has submitted a written notice to
the Township Supervisors announcing his intention 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 Township Supervisors shall have acquired such
property before the end of the year.
D.
The adoption of any street, street lines or other public lands pursuant
to this chapter, 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 lands as part
of the Official Map shall not, in and of itself, constitute or be
deemed to constitute a taking or acceptance of any land by the Township.
A.
Prior to the adoption of the Official Map or part thereof, or any
amendments to the Official Map, the Township Supervisors shall refer
the proposed Official Map or part thereof, or amendment thereto, with
an accompanying ordinance describing the proposed map, to the Township
Planning Commission for review. The Township shall report its recommendations
on said proposed Official Map and accompanying ordinance; part thereof
or amendment thereto, within 45 days unless an extension of time shall
be agreed to by the Township Supervisors. If, however, the Township
Planning Commission fails to act within 45 days, the Township Supervisors
may proceed without its recommendations.
B.
The County and adjacent municipalities may offer comments and recommendations
during said forty-five-day period in accordance with the Municipalities
Planning Code.[1] Local authorities, park boards, and similar public bodies
may also offer comments and recommendations to the Township Supervisors
or Planning Commission if required by same during 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 Township
Supervisors shall hold a public hearing pursuant to public notice.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
C.
After adoption of the Official Map, or part thereof, all streets,
watercourses and public lands on final, recorded subdivision and land
development plans which have been duly approved by the Centre County
Planning Commission in consultation with the Township Supervisors
shall be deemed amendments to the Official Map. Notwithstanding any
other terms of this chapter, no public hearing need be held or notice
given if the amendment of the Official Map is the result of the addition
of a plan which has been duly approved by the Centre County Planning
Commission in consultation with the Township Supervisors.
A.
Whenever any person, partnership or corporation shall have violated
the terms of this chapter, the Township Secretary shall cause a written
notice to be served upon the owner, applicant, developer, property
manager or other person responsible for the property within 30 days.
The Township Secretary 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
and the cost thereof plus penalties, as specified herein, for failure
to comply.
B.
Such notice shall be delivered by the United States 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.
C.
The failure of any person, partnership or corporation to comply with
this chapter within the period stated in the notice by the Secretary
constitutes a violation with possible sanctions which may be as much
as $500 per day of each violation, plus court costs, including reasonable
attorney's fees incurred by the Township as a result of prosecution
of such violation. Each and every day of continued violation shall
constitute a separate violation.
D.
In the event that the owner, developer, occupant, applicant, property
manager or other person responsible fails to comply with the terms
of this chapter within the time specified by the Secretary, the Township
may take any actions necessary to correct the violation. The costs
for correction of the violation shall be in addition to any penalties
for violation for failure to comply.
E.
In addition to the sanctions, costs and penalties provided for by
this section, the Township may institute proceedings in courts of
equity to prevent, restrain, correct or abate such building, structure
or land, or to prevent, in or about such premises, any act, conduct,
business or use constituting a violation.
An appeal from a decision or action of the Potter Township Supervisors
or any officer or agency of the Township regarding this chapter shall
be made in accordance with the Pennsylvania Municipalities Planning
Code, Act 247, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A.
Severability. If any provision, sentence, clause, section, or any
part of this chapter is for any reason found to be unconstitutional,
illegal, or invalid, such unconstitutionality, illegality, or invalidity
shall not affect or impair any of the remaining provisions, sentences,
clauses, sections, or parts of this chapter. It is hereby declared
as the intent of the Township Supervisors that this chapter would
have been adopted had such unconstitutional, illegal, or invalid provision,
sentence, clause, section, or part thereof not have been included
herein.
B.
Saving clause. Nothing in this chapter shall be construed to affect
any suit or proceeding pending in any court, or any rights acquitted,
or liability incurred, or any cause or causes of action acquired or
existing under any act or ordinance hereby repealed, nor shall any
just or legal right or remedy of any character be lost, impaired or
affected by this chapter.
C.
Conflict with other laws. The provisions of this chapter shall be
deemed to be minimum requirements to meet the purposes stated herein.
Where the provisions of this chapter impose greater restrictions than
those of any federal or state statute, rule, regulation or other ordinance,
the provisions of this chapter shall prevail. Where the provisions
of any federal or state statute, rule, regulation, or other ordinance
impose greater restrictions than those of this chapter, the provisions
of such federal or state statute, rule, regulation or ordinance shall
prevail.
All ordinances or any parts of ordinances which are inconsistent
herewith are hereby repealed.
This chapter shall become effective on the date of adoption.
