[Ord. No. 484, 8/10/2021]
This chapter shall be known and may be cited as the "Official
Map Ordinance."
[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.
[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.
[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. Terms in this chapter shall have the meanings as set forth
in Section 107 for the Pennsylvania Municipalities Planning Code.
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.
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.
[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.
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, shall be approved by reenactment of the Official Map and
certification in accord with the applicable requirements of the Pennsylvania
Municipalities Planning Code.
[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.
2. The Official Zoning Map, Adopted May 11, 2021.
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.
[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.
[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;
(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.
[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.
[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.
[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) _____.
[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.
[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.