The governing body of Hempfield Township shall have the power to make
or cause to be made surveys of the exact location of the lines of existing
and proposed public streets, watercourses and public grounds, including widenings,
narrowings, extensions, diminutions, openings or closings of same, for the
whole of Hempfield Township, and, by ordinance, to adopt such surveys as the
Official Map or part thereof of Hempfield Township. The governing body, by
amending ordinances, may make additions or modifications to the Official Map
or part thereof by adopting surveys of the exact location of the lines of
the public streets, watercourses or public grounds to be so added or modified,
and may also vacate any existing or proposed public street, watercourse or
public ground contained in the Official Map or part thereof.
Prior to the adoption of any survey of existing or proposed public streets,
watercourses or public grounds as the Official Map or part thereof or any
amendments to the Official Map, the governing body shall refer such surveys
and amendments to the planning agency for review. The planning agency shall
report its recommendation on said proposed Official Map, part thereof or amendment
thereto within 40 days unless an extension of time shall be agreed to by the
governing body, before voting on the enactment of the proposed Official Map,
part thereof or amendment thereto, shall hold a public hearing thereon. The
governing body shall give public notice of such hearing.
After adoption of the Official Map or part thereof, all streets, watercourses
and public grounds on final recorded plats which have been approved as provided
by this chapter shall be deemed amendments to the Official Map. Notwithstanding
any of the other terms of this Article, no public hearing need be held or
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 chapter.
The adoption of any street or street lines 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 for
street purposes, nor shall it obligate Hempfield Township to improve or maintain
any such street. The adoption of proposed watercourses or public grounds 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 Hempfield Township.
For the purpose of preserving the integrity of the Official Map of Hempfield
Township, no permit shall be issued for any building within the lines of any
street, watercourse 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, watercourse 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. However, 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 governing body for the grant of a permit to so
build. Before granting any permit authorized in this section, the governing
body 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 governing
body to grant the permit applied for may be appealed by the applicant to court
in the same manner and within the same time limitation as is provided for
zoning appeals by this chapter.
The governing body may fix the time for which streets, watercourses
and public grounds on the Official Map shall be deemed reserved for future
taking or acquisition for public use. However, the reservation for public
grounds shall lapse and become void one year after an owner of such property
has submitted a written notice to the governing body announcing his intentions
to build, subdivide or otherwise develop the land covered by this reservation,
or has made formal application for an official permit to build a structure
for private use, unless the governing body shall have acquired the property
or begun condemnation proceedings to acquire such property before the end
of the year.
The governing body may designate any of its agencies to negotiate with
the owner of land whereon reservations are made, releases of claims for damages
or compensation for such reservations, or agreements indemnifying the governing
body from such claims by others, which releases or agreements when properly
executed by the governing body and the owner and recorded shall be binding
upon the successor in title.
The adoption of an Official Map by Hempfield Township, whose land or
watercourses are subject to county official mapping, shall act as a repeal
pro tanto of the County Official Map within the municipality. Notwithstanding
any of the other terms or conditions of this section, the County Official
Map shall govern as to county streets and public grounds located in Hempfield
Township, which has adopted an Official Map. When Hempfield Township within
Westmoreland County, which county has adopted an Official Map, also adopts
such an Official Map, a certified copy of the map, the ordinance adopting
it and any later amendments shall be forwarded to the county planning agency,
or if no such agency exists, to the governing body of the county. Additionally,
if Hempfield Township adopts an Official Map or amendment thereto that shows
any street intended to lead into any adjacent municipality, a certified copy
of said Official Map or amendment shall be forwarded to such adjacent municipality.
