[HISTORY: Adopted by the Board of Supervisors
of the Township of Halfmoon 2-12-2004 by Ord. No. 2004-01. Amendments noted
where applicable.]
GENERAL REFERENCES
Planning Commission — See Ch. 48.
A.Â
Pursuant to Section 401 of the Municipalities Planning
Code,[2]the Board of Supervisors shall have the power to make or
cause to be made an Official Map of Halfmoon Township which hereby
shows appropriate elements or portions of elements of the 2000 Centre
Regional Comprehensive Plan adopted pursuant to Section 302 of the
Pennsylvania Municipalities Planning Code (PMPC), Act 247, as amended,[3] with regard to public lands and facilities, and which
may include, but need not be limited to:
(1)Â
Existing and proposed public streets, watercourses
and public grounds, including widenings, narrowings, extensions, diminutions,
openings or closing of same.
(2)Â
Existing and proposed public parks, playgrounds and
open space reservations.
(3)Â
Pedestrian ways and easements.
(4)Â
Railroad and transit rights-of-way and easements.
(5)Â
Flood control basins, floodways and floodplains, stormwater
management areas and drainage easements.
(6)Â
Support facilities, easements and other properties
held by public bodies undertaking the elements described in Section
301 of the PMPC.
B.Â
For the purposes of taking action under this section,
the Board of Supervisors or its authorized designee(s) may make or
cause to be made surveys and maps to identify, for the regulatory
purposes of this article, 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.
A.Â
Language interpretations. For the purpose of this
chapter, certain terms and words used herein shall be interpreted
as follows:
(1)Â
Words used in the present tense include the future
tense; the singular number includes the plural, and the plural number
includes singular; words of masculine gender include feminine gender.
(2)Â
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.
(3)Â
The word "person" includes an individual, firm, association,
organization, partnership, trust, company, corporation or any other
similar entity.
(4)Â
The words "shall" and "must" are mandatory; the words
"may" and "should" are permissive.
(5)Â
The words "used" or "occupied" include the words "intended,
designed, maintained or arranged to be used or occupied."
B.Â
BOARD OF SUPERVISORS
BUILDING
COUNTY
GOVERNING BODY
MUNICIPAL; MUNICIPALITY
PUBLIC GROUNDS
PUBLIC NOTICE
RIGHT-OF-WAY
STREET
TOWNSHIP
WATERCOURSE
Definitions. Unless a contrary intention clearly appears,
the following words and phrases shall have the meaning given in this
section. All words and terms not defined herein shall be used with
a meaning of standard usage.
The Board of Supervisors of the Township of Halfmoon, County
of Centre, Commonwealth of Pennsylvania.
A structure, including any part thereof, having a roof and
used for the shelter or enclosure of persons or property.
The County of Centre, Commonwealth of Pennsylvania.
The Board of Supervisors of the Township of Halfmoon, County
of Centre, Commonwealth of Pennsylvania.
The Township of Halfmoon, County of Centre, Commonwealth
of Pennsylvania.
Includes:
Notice published once each week for two successive 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 be not more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.[1]
A corridor of land set aside for use, in whole or in part,
by a street.
Includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, alley, viaduct and any other ways used or intended
to be used by vehicular traffic or pedestrian, whether public or private.[2]
The Township of Halfmoon, County of Centre, Commonwealth
of Pennsylvania.
A stream of surface water, including river, stream, creek
or run, whether or not intermittent.
A.Â
Prior to adoption of the Official Map or part thereof,
or any amendments to the Official Map, the Board of Supervisors shall
refer the proposed Official Map, or part thereof or amendment thereto,
with an accompanying ordinance describing the proposed map, to the
Halfmoon Township Planning Commission for review. The Planning Commission
shall report its recommendations on said proposed Township 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 Supervisors (Board). If, however, the Planning Commission
fails to act within 45 days, the Board may proceed without its recommendations.[1]
B.Â
Centre County and adjacent municipalities may offer comments and recommendations during said forty-five-day review period in accordance with § 35-9 of this chapter. Local authorities, park boards, environmental boards and similar public bodies may also offer comments and recommendations to the Board or 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 shall hold a public hearing pursuant to public notice.
C.Â
Following adoption of the ordinance and Official Map,
or part thereof or amendment thereto, a copy of same, verified by
the Board, shall be submitted to the Recorder of Deeds of Centre County
in which the municipality is located and shall be recorded within
60 days of the effective date. The fee for recording and indexing
ordinances and amendments shall be paid by Halfmoon Township and shall
be in the amount prescribed by law for the recording of ordinances
by the County Recorder of Deeds.
After adoption of the Halfmoon Township Official Map, or part thereof, all streets, watercourses and public grounds and the elements listed in § 35-1 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 chapter, 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, street lines or
other public lands pursuant to this chapter as part of the Halfmoon
Township 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 Halfmoon
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 Halfmoon Township.
For the purpose of preserving the integrity
of the Official Map of Halfmoon 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 Halfmoon Township
for the grant of a special encroachment permit to build. Before granting
any special encroachment permit authorized in this section, the Board
may submit the application for a special encroachment permit to the
Halfmoon Township Planning Commission and allow the 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 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 provided in Article IX of the PMPC, Act 247, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10901 et seq.
The Board 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 Board announcing his 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 shall have acquired the property or begun condemnation proceedings
to acquire such property before the end of the year.
A.Â
Following the adoption of the Halfmoon Township Official
Map and ordinance 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 Centre County Planning Commission and
the Centre Region Planning Commission at the same time it is submitted
for review to the Halfmoon Township Planning Commission. The comments
of the various Planning Commissions shall be made to the Board of
Supervisors of Halfmoon Township within 45 days, and the proposed
action shall not be taken until such comments are received. If, however,
the Planning Commissions fail to act within 45 days, the Board may
proceed without comments.
B.Â
Additionally, if Halfmoon Township adopts 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 Halfmoon Township Board 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 45 days, the Board of
Halfmoon Township may proceed without its comments.[1]
C.Â
Upon the Township's adoption of 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
Centre County Planning Commission. Additionally, if Halfmoon 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 also be forwarded
to each adjacent municipality.