[HISTORY: Adopted by the Board of Commissioners of the Township
of South Whitehall 10-6-2010 by Ord. No. 924. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 350.
This chapter shall be known and may be cited as the "Official
Map Ordinance of South Whitehall Township."
This chapter is enacted and ordained pursuant to the grant of
powers by the General Assembly of the Commonwealth of Pennsylvania,
as contained in the Pennsylvania Municipalities Planning Code, Act
of 1968, P.L. 805, No. 247, as reenacted and amended (hereinafter
"MPC")[1] and the First Class Township Code, Act of 1931, P.L. 1206,
No. 331, as amended.[2]
The attached map entitled "Official Map of South Whitehall Township,
dated May 26, 2010, Sheets 1 through 3, prepared by The Pidcock Company
with Sheet 3 bearing a last revision date of September 21, 2010" (collectively,
the "Official Map of South Whitehall Township") is hereby adopted
as the Official Map of South Whitehall Township. The Official Map
of South Whitehall Township is enacted to serve the purposes authorized
for an official map in the MPC, which purposes are incorporated herein
by reference. The Official Map of South Whitehall Township is on file
at the South Whitehall Township Municipal Building where it may be
examined during regular business hours. The Official Map of South
Whitehall Township shall also be recorded in the Lehigh County Clerk
of Judicial Records, Recorder of Deeds Division where it may also
be examined during regular business hours.
A.
The Board of Commissioners of South Whitehall Township shall have
the power to make or cause to be made an Official Map of all or a
portion of South Whitehall Township which may show appropriate elements
or portions of elements of the South Whitehall Township Comprehensive
Plan with regard to public lands and facilities, and which may include,
but need not be limited to:
(1)
Existing and proposed public streets, watercourses and public grounds,
including widenings, narrowings, extensions, diminutions, openings
or closing of same.
(2)
Existing and proposed public 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.
(6)
Support facilities, easements and other properties held by public
bodies undertaking the elements described in MPC Section 301, 53 P.S.
§ 10301.
B.
For the purposes of taking action under this chapter, the Board of
Commissioners or its authorized designee may make or cause to be made
surveys and maps to identify, for the regulatory purposes of this
chapter, the location of property, trafficway alignment or utility
easement by use of property records, aerial photography, photogrammetric
mapping or other method sufficient for identification, description
and publication of the map components. For acquisition of lands and
easements, boundary descriptions by metes and bounds shall be made
and sealed by a licensed surveyor.
C.
Prior to the adoption of the Official Map or part thereof, or any
amendments to the Official Map, the Board of Commissioners of South
Whitehall Township shall refer the proposed Official Map, or part
thereof or amendment thereto, with an accompanying ordinance describing
the proposed map, to the South Whitehall Township Planning Commission
for review. The South Whitehall Township Planning Commission 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 Board of Commissioners.
If, however, the South Whitehall Township Planning Commission fails
to act within said forty-five-day period, the Board of Commissioners
may proceed without its recommendations.
D.
Lehigh County and adjacent municipalities may offer comments and
recommendations during said forty-five-day review period in accordance
with MPC Section 408, 53 P.S. § 10408. Local authorities,
park boards, environmental boards and similar public bodies may also
offer comments and recommendations to the Board of Commissioners or
South Whitehall Township Planning Commission if requested 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 Board of Commissioners shall hold a public hearing pursuant
to public notice.
E.
After adoption of the Official Map of South Whitehall Township, or
part thereof, all streets, watercourses and public grounds and the
elements listed in 53 P.S. § 10401 on final, recorded plats
which have been approved by Board of Commissioners of South Whitehall
Township 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 the
MPC.
F.
The adoption of any street, street lines or other public lands pursuant
to this article 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 South Whitehall Township to improve or maintain any such
street or land. 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 South
Whitehall Township.
G.
For the purpose of preserving the integrity of the Official Map of
South Whitehall 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 Board of Commissioners
of South Whitehall Township for the grant of a special encroachment
permit to build. Before granting any special encroachment permit authorized
in this section, the Board of Commission of South Whitehall Township
may submit the application for a special encroachment permit to the
South Whitehall Township Planning Commission and allow the South Whitehall
Township 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
Board of Commissioners of South Whitehall Township to grant the special
encroachment 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 Article IX of the Pennsylvania Municipalities
Planning Code.
H.
The time limit for which streets, watercourses and public grounds
depicted on the Official Map of South Whitehall Township shall be
deemed reserved for future taking or acquisition for public use shall
be 25 years. 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 Board of Commissioners of South Whitehall
Township announcing the owner’s intentions 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 Board of Commissioners of South Whitehall
Township shall have acquired the property or begun condemnation proceedings
to acquire such property before the end of the year.
I.
Negotiation of agreements.
(1)
The Board of Commissioners of South Whitehall Township may designate
any of its agencies, managers, employees or appointed professionals
to negotiate with the owner of land under the following circumstances:
(2)
Any releases or agreements, when properly executed by the Board of
Commissioners of South Whitehall Township and the owner and recorded,
shall be binding upon any successor in title.
J.
When South Whitehall Township proposes to adopt an Official Map,
or any amendment thereto, a copy of the map and the proposed ordinance
adopting it, or any amendment thereto, shall be forwarded for review
to the county planning agency, or if no such agency exists to the
governing body of Lehigh County at the same time it is submitted for
review to the South Whitehall Township Planning Commission. The comments
of the county planning agency shall be made to the Board of Commissioners
of South Whitehall Township within 45 days of the date forwarded,
and the proposed action shall not be taken until such comments are
received. If, however, the county planning agency fails to act within
the forty-five-day period, the Board of Commissioners of South Whitehall
Township may proceed without its comments.
K.
Additionally, if the Board of Commissioners of South Whitehall Township
proposes to adopt an Official Map, or amendment thereto, that shows
any street or public lands intended to lead into any adjacent municipality
a copy of said Official Map or 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 Commissioners
of South Whitehall Township within 45 days of the date forwarded,
and the proposed action shall not be taken until such comments are
received. If, however, the adjacent municipality fails to act within
the forty-five-day period, the Board of Commissioners of South Whitehall
Township may proceed without its comments. When the Board of Commissioners
of South Whitehall Township adopts an Official Map, a certified copy
of the map, the ordinance adopting it and any later amendments shall
be forwarded, within 30 days after adoption, to the county planning
agency or, in counties where no planning agency exists, to the governing
body of Lehigh County. Additionally, if the Board of Commissioners
of South Whitehall Township adopts an Official Map, or amendment thereto,
that shows any street or public lands intended to lead into any adjacent
municipality, a certified copy of said Official Map or amendment shall
be forwarded to such adjacent municipality.
Following adoption of this chapter and the Official Map of South
Whitehall Township, or part thereof or amendment thereto, a copy of
same, verified by the Board of Commissioners of South Whitehall Township,
shall be submitted to the Lehigh County Clerk of Judicial Records,
Recorder of Deeds Division and shall be recorded within 60 days of
the effective date. The fee for recording and indexing this chapter
and amendments shall be paid by South Whitehall Township after enacting
the chapter or amendment and shall be in the amount prescribed by
law for the recording of ordinances by the recorder of deeds.
