Township of North Fayette, PA Chapter 17 Official Map

§ 17-101 Title.

[Ord. No. 484, 8/10/2021]

This chapter shall be known and may be cited as the "Official Map Ordinance."

§ 17-102 Authority.

[Ord. No. 484, 8/10/2021]

This chapter is adopted in accordance with the authority granted to municipalities to adopt an official map by the Pennsylvania Municipalities Planning Code, Act 247 of 1968, 53 P.S. § 10101 et seq., as amended.

§ 17-103 Purpose.

[Ord. No. 484, 8/10/2021]

This chapter is established for the following purposes:

1. To serve and promote the public health, safety, welfare and convenience.

2. To facilitate orderly development and the adequate provision of public streets and other public facilities.

3. To improve traffic circulation.

4. To provide for the recreational and open space needs of the Township and its residents.

5. To protect and enhance water resources and sewer facilities.

6. To facilitate the subdivision and development of land.

7. To facilitate the use of land and watercourses.

§ 17-104 Definitions and Word Usage.

[Ord. No. 484, 8/10/2021]

1. Terms Defined Elsewhere. This chapter intentionally does not include definition of terms that are established in the Pennsylvania Municipalities Planning Code.[1] Terms in this chapter shall have the meanings as set forth in Section 107 for the Pennsylvania Municipalities Planning Code.[2]

[1] Editor's Note: See 53 P.S. § 10101 et seq.

[2] Editor's Note: See 53 P.S. § 10107.

2. Undefined Terms. Where not defined in this section or applicable Township ordinances or Pennsylvania statues, terms shall be given their common or ordinary meaning.

3. Definitions. The following words or phrases, when used in this chapter, shall have the meanings given to them in this section unless the context clearly indicates otherwise.

COUNTY PARK

A park operated and maintained by Allegheny County offering a variety of recreational activities.

FUTURE ADDITIONAL LANES

Sections of existing roadways which have been identified in the capital improvements study where additional lanes may improve traffic flow patterns. Identification of such roadway sections does not imply implementation of a project to add lanes.

FUTURE ROADS

Linkages identified as opportunities for future roadway development. Identification of such roadway sections does not imply implementation of a roadway project. Actual roadway construction would occur after a comprehensive feasibility study.

FUTURE ROAD WIDENING

Sections of existing roadways which have been identified in the capital improvements study where widening may improve traffic flow patterns. Identification of such roadway sections does not imply implementation of a road widening project.

FUTURE ROUNDABOUTS

Intersections of existing roadways which have been identified in the capital improvements study where a roundabout may improve traffic flow patterns. Identification of such roadway intersections does not imply implementation of a roundabout project.

FUTURE SEWER

Linkages identified as opportunities for future sewer development. Identification of such sewer sections does not imply implementation of a sewer project in part or in whole. Actual sewer construction would occur after a comprehensive feasibility study.

MUNICIPAL OPEN SPACE

Undeveloped municipal property not intended for recreational use.

MUNICIPAL RECREATION

Municipal property offering active and passive recreational activities.

STORMWATER MANAGEMENT

Municipal property containing best management practices or other infrastructure used for the collection, conveyance, detention, storage, and/or treatment of stormwater management.

STREETSCAPE ENHANCEMENT OVERLAY DISTRICT(S)

Selected and identified areas within the Township where implementation of streetscape enhancements is intended to create a sense of vibrancy and a more aesthetically pleasing atmosphere.

TRAILS

A multiuse, nonmotorized recreational pathway for use by the general public.

§ 17-105 Adoption of Official Map.

[Ord. No. 484, 8/10/2021]

1. A map entitled "Official Map Township of North Fayette," which is attached hereto, is hereby adopted as part of this chapter. The Official Map shall be kept on file available for examination at the Municipal Building.[1]

[1] Editor's Note: A copy of the Official Map is included as an attachment to this chapter.

2. The Township of North Fayette Official Map, as signed and dated by the Board of Supervisors and including all notations, references, and other data shown thereon, is hereby incorporated by reference into this section as if it were fully described herein.

3. The inclusion of a public facility or proposed public improvements 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 by the Township, nor shall it obligate the Township to improve or maintain any such street, land or public facility.

4. Changes to the Official Map. If, in accord with the provisions of this chapter, changes are made to the location of lines designating existing or proposed public streets, watercourses, public grounds or easements, or other features, such changes shall be entered promptly on said Official Map. All changes, except those resulting from approval of subdivision and land development plans in accordance with applicable provisions of the Subdivision and Land Development Ordinance,[2] shall be approved by reenactment of the Official Map and certification in accord with the applicable requirements of the Pennsylvania Municipalities Planning Code.[3]

[2] Editor's Note: See Ch. 22, Subdivision and Land Development.

[3] Editor's Note: See 53 P.S. § 10101 et seq.

§ 17-106 Interpretation of Official Map.

[Ord. No. 484, 8/10/2021]

The following maps, charts and documents, incorporated herein by reference, shall be used as guides to interpret the Official Map. Copies of these maps, charts and documents shall be available for public review at the Township Building.

1. North Fayette Township Zoning Ordinance, Adopted May 11, 2021.[1]

[1] Editor's Note: See Ch. 27, Zoning.

2. The Official Zoning Map, Adopted May 11, 2021.[2]

[2] Editor's Note: A copy of the Official Map is included as an attachment to this chapter.

3. The Transportation Impact Fee Program Capital Improvements Plan, dated January 2011, by Herbert, Rowland & Grubic, Inc., as updated July 2016.

4. The Comprehensive Plan of the Township of North Fayette, as adopted on April 22, 2014.

5. North Fayette Township Subdivision and Land Development Ordinance, Adopted January 29, 2014.[3]

[3] Editor's Note: See Ch. 22, Subdivision and Land Development.

§ 17-107 Effect of Official Map.

[Ord. No. 484, 8/10/2021]

1. No permit shall be issued for any building or related improvements within the lines of any street, road or public ground depicted on the Official Map. No person shall recover any damages for the taking for public use of any building or related 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.

2. Time Limitations on Reservations.

A. Pursuant to Section 406 of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10406, the properties depicted on the Official Map as proposed property for acquisition for public use shall be reserved for future taking and acquisition in perpetuity.

B. The reservation for public grounds shall lapse and become void one year after the owner of property deemed reserved for future taking or acquisition for public use has submitted written notice to the Board of Supervisors announcing their intentions to build, subdivide or otherwise develop the land covered by the reservation, or has made formal application to the Township 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 said one-year period. The requisite written notice shall be submitted in such form as the Board of Supervisors shall adopt or prescribe and shall be submitted to the Department of Community Development.

3. Release of Damage Claims or Compensation. The Board of Supervisors or its appointed designee may negotiate with the owner of land under the following circumstances:

A. Whereon reservations are made;

B. Whereon releases of claims for damages or compensation for such reservations are required; or

C. Whereon agreements indemnifying the governing body from claims by others may be required.

4. Any releases or agreements negotiated pursuant to Subsection 3, when properly executed by the Board of Supervisors and the owner, and recorded, shall be binding upon any successor in title.

§ 17-108 (Reserved)

§ 17-109 Special Encroachment Permit.

[Ord. No. 484, 8/10/2021]

1. Application.

A. When a 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 shall give public notice and hold a public hearing at which all parties in interest shall have an opportunity to be heard.

B. Form of Application. The application for a special encroachment permit shall be submitted in such written form adopted by the Board of Supervisors and must be accompanied by the fee therefore required under resolution(s) adopted by the Board of Supervisors. The applicant shall submit an application for a special encroachment permit to the Township's Department of Community Development. An applicant shall provide all documents and information required by the application and under this chapter or any other ordinance.

C. Planning Commission Review and Comment. The Planning Commission shall review and forward its recommendation to the Board of Supervisors within 30 days of receipt of same.

D. Public Hearing. The Supervisors shall hold a public hearing as follows:

(1) By giving public notice as defined as defined by the Municipalities Planning Code;[1]

[1] Editor's Note: See 53 P.S. § 10101 et seq.

(2) The decision of the Board of Supervisors to approve a special encroachment permit shall be based upon a determination that:

(a) The property subject to a public facility reserved area cannot yield a reasonable return to the owner unless a Township permit is granted.

(b) The literal enforcement of this chapter will exact undue hardship on the applicant because of specific conditions pertaining to the subject property. Such conditional may not be created by applicant.

E. Action.

(1) If the Supervisors determine that the application for special encroachment permit demonstrates that 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 Supervisors shall direct the Zoning Officer to issue a zoning approval as a special encroachment permit subject to compliance with all other applicable requirements of this chapter and the Code. If the Supervisors determine that the application for a special encroachment permit does not demonstrate that 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 Supervisors shall deny a special encroachment permit.

(2) Decisions of the Board of Supervisors denying an application shall be in writing and shall state the Board's findings of fact and reasons.

(3) The grant or issuance of a special encroachment permit shall not be in lieu of or replace any other permit or regulation of the Township and shall not excuse the applicant from compliance with any and all applicable regulations of the Code or any other federal, state, county or Township ordinances, laws and regulation.

(4) The grant or issuance of a special encroachment permit shall not in any way amend the Official Map or impact the designation of a public facility reserved area on the subject property. A property owner that obtains a special encroachment permit does so with the understanding of the Township's rights and interests in a public facility reserved area on the subject property. Any building or improvement constructed pursuant to the grant of a special encroachment permit must be removed at the expense of the owner upon the determination of the Board of Supervisors to exercise the Township's rights and interests in a public facility reserved area.

F. Appeal.

(1) A refusal by the Board of Supervisors to grant the special encroachment permit may be appealed by the applicant to the Zoning Hearing Board.

(2) Time for Appeal. Such appeal shall be made within 30 days from the date the written notice of the Supervisors decision is sent to the applicant by the Zoning Officer.

(3) Appeals and applications to the Zoning Hearing Board shall be submitted to the Department of Community Development on such forms as are adopted for use by the Board of Supervisors, which may require such additional information as said Board deems appropriate.

(4) The Zoning Hearing Board shall fix a reasonable time for a public hearing to consider the appeal in accordance with Section 908 of the MPC, 53 P.S. § 10908, and give public notice thereof, as well as due notice to the parties in interest and decide the same within 45 days after the public hearing is concluded. If no decision is made within 45 days after the public hearing is concluded, it shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed, to in writing or on the record, to an extension of time.

§ 17-110 Regulations.

[Ord. No. 484, 8/10/2021]

The Director of Community Development is hereby authorized and directed to adopt such written regulations that may be necessary for the administration and enforcement of this chapter. Any regulations adopted by the Director of Community Development shall become effective upon approval of the Board of Supervisors through a duly adopted resolution.

§ 17-111 Intergovernmental Cooperation.

[Ord. No. 484, 8/10/2021]

In order to coordinate the goals and objectives of this chapter with the responsibilities of other governmental entities, the Township Manager is authorized to negotiate proposed intergovernmental cooperation agreements with such entities. All such proposed agreements shall be in a form acceptable to the Township Solicitor, and approved by the Director of Public Safety if the same requires regulation by traffic control devices or enforcement by the police. Any such intergovernmental cooperation agreement shall only become effective upon enactment of an ordinance by the Board of Supervisors in accordance with Section 1507 of the Second Class Township Code, 53 P.S. § 66507, as amended, and the Intergovernmental Cooperation Law, 53 Pa.C.S.A. § 2301 et seq., as amended.

§ 17-112 Amendments.

[Ord. No. 484, 8/10/2021]

1. Amendment by Ordinance.

A. Prior to the adoption of an ordinance amending this chapter, the Board of Supervisors shall refer the proposed ordinance to the Planning Commission and the Allegheny County Planning Agency for review and comment. The Planning Commission and the Allegheny County Planning Agency shall report their recommendations on the proposed ordinance within 45 days of the date of the referral unless an extension of time is agreed to by the Board of Supervisors. If, however, either the Planning Commission or the Allegheny County Planning Agency fails to act within this forty-five-day period, then the Board of Supervisors may proceed without the recommendations.

B. If the Township proposes an amendment to the Official Map that shows any street or public lands intended to lead into any adjacent municipality, a copy of said amendment shall be forwarded to such adjacent municipality for review and comment by the governing body and planning agency of the adjacent municipality. The comments of the adjacent municipality shall be made to the Board of Supervisors within 45 days, and the proposed action shall not be taken until such comments are received. If, however, the adjacent municipality fails to act within this forty-five-day period, then the Board of Supervisors may proceed without its comments.

C. Before voting on the enactment of a proposed ordinance amending this chapter or the Official Map, the Board of Supervisors shall hold a public hearing pursuant to public notice, as required by the MPC, 53 P.S. § 10101 et seq.

D. Following adoption of an ordinance amending this chapter or the Official Map, a certified copy of the amending ordinance and any revised Official Map shall be filed with the following entities within the time period specified:

(1) A copy filed with the Allegheny County planning agency within 30 days of enactment.

(2) A copy filed with an adjacent municipality within 30 days of enactment if the amendment shows any street or public land intended to lead into that adjacent municipality.

(3) A copy recorded in the Department of Real Estate of Allegheny County within 60 days of enactment.

2. Effect of Approved Plats on Official Map.

A. After adoption of the Official Map, or an amendment thereto, all public facilities referenced on final, recorded plats which have been approved by the Board of Supervisors as provided in the MPC, 53 P.S. § 10101 et seq., and pursuant to the Subdivision and Land Development Ordinance (Chapter 22 of this Code), shall be deemed amendments to the Official Map. No public hearing need be held or notice given if the amendment of the Official Map is a result of the addition of a plat which has been so approved. The Director of Community Development shall be responsible for tracking all amendments of the Official Map that result from the approval of a plat.

B. Any approved plat that revises the Official Map shall contain a notation which substantially complies with the following format:

This plat amends the Township of North Fayette Official Map adopted pursuant to Chapter 17 of the Township of North Fayette Code of Ordinances, Official Map, recorded in the Department of Real Estate of Allegheny County at _____ Book Volume _____ Page(s) _____.

§ 17-113 Fees and Review Costs.

[Ord. No. 484, 8/10/2021]

1. The Board of Supervisors shall establish, by resolution adopted from time to time, fees and charges for all permits, applications and reviews required by this chapter. This schedule, along with an explanation of the collection procedure, shall be available in the offices of the Township Manager.

2. The Township, at its discretion, may require the application materials and subsequent construction to be reviewed by the Township Engineer or other consultants, as deemed necessary by the Director of Community Development, or his/her designee, with the applicant being responsible for all costs of said review as billed to the Township. The applicant shall also be responsible for all other fees and costs incurred by the Township in relation to the application including, but not limited to, legal fees, legal advertising, public notices, certified mailings, court reporter appearance fees, transcription of testimony and any other related costs.

§ 17-114 Violations and Penalties.

[Ord. No. 484, 8/10/2021]

1. Any person, partnership or corporation who has violated any provision of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $500, plus all costs, including reasonable attorneys' fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of determination of a violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. A separate offense shall arise for each day or portion thereof in which a violation is found to exist and for each section of this chapter found to have been violated. In addition to any other remedy available under the law, the Township may enforce this chapter through an action in equity. The initial determination of a violation of this chapter is hereby delegated to the Township Manager, the Director of Community Development, the Code Enforcement Officer, the authorized designee of the Township Manager, and to any other officer or agent that the Township Manager or Board of Supervisors shall deem appropriate.

2. In the event that the property owner or other person responsible for the property fails to take any actions necessary to correct the violations of this chapter, the Township shall have the power and authority to correct any said violations with the property owner being responsible for any such costs of remedial activities by the Township.

3. The costs of remedial activities, and civil judgments mentioned above may be entered by the Township as a lien against subject property in accordance with existing provisions of law.