[Ord. 2016-12, 6/16/2016]
This Part shall be known and may be cited as the "Official Map
Ordinance of Lower Macungie Township."
[Ord. 2016-12, 6/16/2016]
This Part 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.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[Ord. 2016-12, 6/16/2016]
1.
Purpose. This Part is enacted to protect and promote the public health,
safety, convenience and general welfare; to protect sensitive environmental
features; to preserve farmland; to facilitate the adequate provision
of public streets and facilities; to improve traffic circulation;
to provide for the recreation, park and open space needs of the Township;
and to facilitate the development and use of land.
2.
Method. The purpose, as specified above, is accomplished by depicting
on the Official Map the natural features, environmentally sensitive
areas, existing public streets, public grounds, and easements in the
Township in order to protect the same from encroachments and other
unauthorized uses; and by depicting reservations of land for future
use as streets; improvements to streets; conservation, recreation
and open space lands; and other lands identified for other, future
public use, which may be acquired by the Township, in fee, by easement
or other interest, in accordance with this Part and Article IV of
the MPC.
[Ord. 2016-12, 6/16/2016]
Should any section or provision of this Part be declared unconstitutional
or invalid by a court of law, such decision shall not affect the validity
of any other section or provision of this Part other than the one
so declared.
[Ord. 2016-12, 6/16/2016]
Unless a contrary intention clearly appears, the following words
and phrases shall have the meanings given in this section:
The Board of Commissioners of Lower Macungie Township, County
of Lehigh, Commonwealth of Pennsylvania.
This word shall have the same definition as appears in the
current Township Zoning Ordinance and any subsequent amendment thereto.[1]
The legal right granted or sold by a property owner to the
Township, some other public entity or a private conservation organization
which permanently limits the type and amount of development and/or
use that may take place on the property and specifies the type, if
any, of public access to the property.
The County of Lehigh, Commonwealth of Pennsylvania.
Any man-made modification or change to real property not
constituting a building or structure as those terms are herein defined.
This phrase shall have the same definition as appears in
the MPC and any subsequent amendment thereto.
Lower Macungie Township, Lehigh County, Pennsylvania, or
pertaining thereto.
The Official Map of Lower Macungie Township as adopted and/or
amended in accordance with this Part.
Any individual, partnership, firm, limited liability company
or partnership, public or private corporation, incorporated or unincorporated
association, enterprise or any other legal entity, and including,
without limitation, with respect to each of the above, any agent,
servant or employee thereof.
Any land, right-of-way, easement or other interest in land
which is owned, operated, or controlled by a government agency, including,
but not limited to, buildings, streets and street rights-of-way, parks,
playgrounds, watercourses, open space reservations, conservation easements,
sidewalks and pedestrian ways, easements, railroad and transit rights-of-way,
airports, flood-control facilities, stormwater management facilities
and other stormwater BMPs, drainage easements and, with respect to
all of the foregoing, any proposed or future interest reserved on
the Official Map.
Notice published once each week for two consecutive weeks
in a newspaper of general circulation in the Township. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
The total width of any land reserved or dedicated, or eligible
to be reserved or dedicated, for the purpose of a street, utility,
crosswalk or other public purpose or use.
A strip of land, including the entire right-of-way, providing
access to more than one lot. The word "street" includes street (and
all of its classifications), avenue, boulevard, thoroughfare, road,
highway, freeway, parkway, lane, alley, viaduct and other ways used
or intended to be used by vehicular traffic or pedestrians, whether
public or private.
The identification of general operating conditions and operational
characteristics of streets and roads categorized according to a hierarchy,
as designated on the Official Map in accordance with standards contained
in the Lower Macungie Township Land Development Ordinance and Zoning
Ordinance.[2]
A street which is not dedicated for public use and maintenance.
A street which is dedicated for public use and maintenance.
Any man made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
This term shall have the same definition as appears in the
MPC and any subsequent amendment thereto.
Lower Macungie Township, the County of Lehigh, Commonwealth
of Pennsylvania.
The Lower Macungie Township Zoning Hearing Board.
An agent or official designated by the Township to administer
and enforce, among other things, the provisions of the Zoning Ordinance
and this Official Map Ordinance.
[Ord. 2016-12, 6/16/2016]
1.
The Official Map shall be comprised of one map with 11 components,
as follows;
A.
Official Map — Component (1) — Cul-de-Sac.
B.
Official Map — Component (2) — Future Road Extensions.
C.
Official Map — Component (3) — Proposed Recreation Path.
D.
Official Map — Component (4) — Parks.
E.
Official Map — Component (5) — Open Space.
F.
Official Map — Component (6) — Preserved Farm.
G.
Official Map — Component (7) — Existing Agricultural
Security Area.
H.
Official Map — Component (8) — Existing Wildlands Easement.
I.
Official Map — Component (9) — Acquisition of Development
Rights for Open Space.
J.
Official Map — Component (10) — Lands to be Acquired
for Parks.
K.
Official Map — Component (11) — Lands to be Acquired
for Greenway/Open Space.
2.
Map Elements. The Official Map may depict appropriate elements or
portions of elements of the Lower Macungie Township Comprehensive
Plan, and any other plan or study of the Township with regard to public
lands and facilities, and may include, but need not be limited to:
A.
Existing and proposed public streets, watercourses and public grounds,
including widenings, narrowings, extensions, diminutions, openings
or closing of same;
B.
Existing and proposed public parks, playgrounds, and open space reservations;
C.
Conservation easements;
D.
Pedestrian ways and easements;
E.
Railroad and transit rights-of-way and easements;
F.
Flood-control basins, floodways and floodplains, stormwater management
areas and drainage easements; and
G.
Support facilities, easements and other properties held by public
bodies undertaking the elements of Township plans and studies.
[Ord. 2016-12, 6/16/2016]
1.
Identification and Acquisition. For the purpose of initially identifying
land on the Official Map, property records, aerial photography, photogrammetric
mapping or other methods sufficient for the identification, description
and publication of areas for reservation on the Official Map are sufficient.
For the acquisition of lands and easements, boundary description by
metes and bounds shall be made and sealed by a licensed surveyor,
registered in the Commonwealth of Pennsylvania.
2.
Street Design Requirements. Unless otherwise specified on the Official
Map or by other controlling ordinances, all proposed street rights-of-way
and widenings of existing public street rights-of-way as designated
by this Official Map shall incorporate the necessary right-of-way
and clearances and meet the design requirements specified in the Township's
Zoning and Subdivision and Land Development Ordinances, as amended,
for the street functional classification.
[Ord. 2016-12, 6/16/2016]
1.
Certification. The Official Map shall be certified by the signature
of the President of the Board of Commissioners and attested by the
Township Secretary as follows: "This to certify that this is the Official
Map of Lower Macungie Township referred to in the Official Map Ordinance
of Lower Macungie Township, Lehigh County, Pennsylvania." The date
of enactment of this Part shall appear on the Official Map, and it
shall be kept on file with the Township Secretary.
2.
Amendments to the Official Map. The Official Map may be amended from
time to time by the Board of Commissioners in accordance with the
requirements of this Part and the MPC. All such amendments shall be
certified by signature on the Official Map of the President of the
Board of Commissioners. In addition, the Official Map shall be annotated
with the amending ordinance number and date of enactment. Alternatively,
the Official Map may be republished, approved and certified in accordance
with this Part.
3.
Following adoption of the Official Map or any amendments thereto in accordance with subsection 2 above, all map elements depicted on approved, final plats and recorded in accordance with the Subdivision and Land Development Ordinance shall be deemed amendments to the Official Map without further action, notice or public hearing.
4.
The Official Map, any amendment made thereto in accordance with Subsection 2, above, and any accompanying ordinance shall be submitted to the Lower Macungie Township Planning Commission, the Lehigh Valley Planning Commission, adjacent municipalities where the same depict any street or other public land intended to lead into such municipality, and to any other entities required by law, for review and possible comment. The review period shall be 45 days, after which action on the proposed Official Map or amendment thereto may be taken by the Board of Commissioners with or without comment and following a public hearing with public notice as provided by law.
[Ord. 2016-12, 6/16/2016]
1.
Reservations for Public Grounds.
A.
Reservations. The Official Map depicts reservations for the taking
or acquisition of future open space, parks, greenway, streets and
public grounds and shall impact the development or use of land so
reserved as more particularly set forth herein.
B.
Time Limits and Renewal. The time limit for which streets and public grounds depicted on the Official Map shall be deemed reserved for future taking or acquisition for public use shall be 25 years. The reservation period shall commence with the effective date of the ordinance adopting the Official Map and shall automatically renew commencing with the effective date of each ordinance adopting any amendment made in accordance with § 1-608, Subsection 2. The automatic renewal provisions shall not apply to deemed amendments made in accordance with § 1-608, Subsection 3. Reservations may be renewed periodically by ordinance at the discretion of the Board of Commissioners.
C.
Prohibition in Reserved Areas. Except as otherwise set forth in this
Part, no approval shall be granted for any building, structure or
other improvement within public grounds reserved on the Official Map.
D.
Lapse of Reservations. The reservation for public grounds shall lapse
and become void after the owner of such property has submitted written
notification to the Board of Commissioners announcing his intention
to build, subdivide or otherwise develop the land or any part thereof
covered by the reservation to construct a building, structure or other
improvement upon such public grounds or any part thereof for private
use, and the Board does not commence condemnation proceedings or otherwise
acquire the land before the end of the following time periods, as
measured from the date the Township first received such notice:
E.
Effect of Reservation. The reservation of any public grounds on the
Official Map shall not, standing alone, constitute or be deemed to
constitute the opening or establishment of any street or the taking
or acceptance of any land and shall not obligate the Township to improve
or maintain any such street or land. The reservation of proposed or
future public grounds as part of the Official Map shall not, in and
of itself, constitute or be deemed to constitute a taking or an acceptance
of any land by the Township. Except as otherwise provided in this
Part, no person shall recover any damages for the taking for public
use of any building, structure or improvement constructed within the
lines of any street, watercourse or public grounds after the same
shall have been included in the Official Map, and any such building,
structure or improvement shall be removed at the expense of the owner.
F.
Except as otherwise set forth herein, for the purposes of preserving
the integrity of the Official Map, no approval shall be granted for
any building, structure or other improvement within the lines of any
street, watercourse or other public grounds depicted, laid out or
reserved thereon.
2.
Special Encroachment Permits.
A.
Special Encroachment Permit Purpose. In order to preserve the integrity
of the Official Map, no building, structure or other improvement shall
be placed on, in or under public grounds for which a reservation has
not lapsed without first obtaining a special encroachment permit.
B.
Special Encroachment Permit Procedure. Special encroachment permits
shall be granted in accordance with the following requirements.
(1)
Application. When a property encompassing in whole or in part,
a reserved area cannot yield a reasonable return to the owner unless
approval for the building, structure or other improvement shall be
granted, the owner may apply to the Board for a special encroachment
permit. Before granting a special encroachment permit, the Board may
submit the application to the Township Planning Commission and allow
the Planning Commission 30 days to review and comment on the same.
(2)
Notice and Hearing. The Board shall have exclusive jurisdiction
to hear and render final adjudications upon applications for special
encroachment permits pursuant to Section 909.1(b)(7) of the MPC. Public
notice shall be given in accordance with applicable law, at which
time all parties in interest shall have an opportunity to be heard.
Hearings will be conducted by the Board in accordance with Section
908 of the MPC.
(3)
Conditions. In rendering a final adjudication, the Board may
attach reasonable conditions to the grant of a special encroachment
permit. The applicant's rejection of a condition shall be deemed
a denial of the permit application.
(4)
Appeal. A refusal by the Board to grant a special encroachment
permit or the applicant's rejection of any condition of approval
may be appealed to the Zoning Hearing Board in the same manner and
within the same time frame as provided in Article IX of the MPC, and
any such appeal shall be limited to whether the Board committed an
error of law and/or abuse of discretion. The failure to timely raise
any issue at the hearing before the Board of Commissioners shall be
deemed a waiver thereof.
[Ord. 2016-12, 6/16/2016]
1.
Where it appears that a violation of any provision of this Part has
occurred, the Zoning Officer shall initiate enforcement proceedings
through the issuance of an enforcement notice meeting the requirements
of Section 616.1 of the MPC.
2.
A failure to timely appeal the enforcement notice to the Zoning Hearing
Board in accordance with the Township Zoning Ordinance and Article
IX of the MPC shall result in a judicial admission of the occurrence
of the conduct which is the subject of the notice and a judicial admission
of the fact of a violation of this Part and may lead to further enforcement
action by the Township as permitted by law.
[Ord. 2016-12, 6/16/2016]
1.
Where any building, structure or improvement is erected, reconstructed, converted or maintained, or where any building, structure, improvement and/or land is used, in violation of this Part, the Township may, in addition to the action set forth in § 1-610 above:
A.
Institute any appropriate action or proceedings to prevent, restrain
or abate such unlawful activity;
B.
Withhold, deny or rescind necessary permits or approvals;
C.
Otherwise prevent the occupancy or use of said building, structure,
improvement or land and/or prevent any illegal act, conduct, business
or use in or about such premises; and/or
D.
Pursue all other lawful remedies, including, but not limited to,
the preventive and enforcement remedies of Article V of the MPC.
[Ord. 2016-12, 6/16/2016]
1.
A finding of violation of this Part may subject the offending party
to a fine not to exceed $500. Each day a violation continues shall
constitute a separate violation, unless it shall be determined that
there existed a good-faith basis for the person violating this Part
to believe there was no such violation, in which event there shall
be deemed to have been only one such violation until the fifth day
following the date of the determination of a violation by the court,
and thereafter each day that a violation continues shall constitute
a separate violation.
2.
In any action instituted for a violation of this Part, the Township
may claim, and upon successful prosecution shall recover, all court
costs, consultant and expert witness fees and reasonable attorneys'
fees actually incurred by the Township as a result of the violation.
The Township may include in its claim and recover all consulting,
expert and reasonable attorneys' fees actually incurred not only
in the prosecution of the claim but such fees incurred prior to the
filing of the claim, if related to the violation.
1.
All words and phrases used herein shall be interpreted as follows:
A.
Words and phrases used in the present tense include the future tense;
the singular number includes the plural, and the plural number includes
the singular; words of masculine gender include feminine gender, and
words of feminine gender include masculine gender.
B.
The word "includes" or "including" shall not limit the term to the
specific example but is intended to extend its meaning to all other
instances of like kind and character.
C.
The words "shall" and "must" are mandatory words, and the words "may"
and "should" are permissive.
D.
The words "used" or "occupied" include the words and phrases "intended,
designed, maintained or arranged to be used or occupied."
