Township of Halfmoon, PA Chapter 35 Official Map

[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.

§ 35-1 Grant of power. [1]

A. 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) 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 Section 301 of the PMPC.

[2] Editor's Note: See 53 P.S. § 10401.

[3] Editor's Note: See 53 P.S. § 10302.

B. 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.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 35-2 Definitions; word usage.

A. Language interpretations. For the purpose of this chapter, certain terms and words used herein shall be interpreted as follows:

(1) 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) 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) The word "person" includes an individual, firm, association, organization, partnership, trust, company, corporation or any other similar entity.

(4) The words "shall" and "must" are mandatory; the words "may" and "should" are permissive.

(5) The words "used" or "occupied" include the words "intended, designed, maintained or arranged to be used or occupied."

B. 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.

BOARD OF SUPERVISORS

The Board of Supervisors of the Township of Halfmoon, County of Centre, Commonwealth of Pennsylvania.

BUILDING

A structure, including any part thereof, having a roof and used for the shelter or enclosure of persons or property.

COUNTY

The County of Centre, Commonwealth of Pennsylvania.

GOVERNING BODY

The Board of Supervisors of the Township of Halfmoon, County of Centre, Commonwealth of Pennsylvania.

MUNICIPAL; MUNICIPALITY

The Township of Halfmoon, County of Centre, Commonwealth of Pennsylvania.

PUBLIC GROUNDS

Includes:

(1) Parks, playgrounds, trails, paths and other recreational areas and other public areas.

(2) Sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities; and

(3) Publicly owned or operated scenic and historic sites.

PUBLIC NOTICE

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]

RIGHT-OF-WAY

A corridor of land set aside for use, in whole or in part, by a street.

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]

TOWNSHIP

The Township of Halfmoon, County of Centre, Commonwealth of Pennsylvania.

WATERCOURSE

A stream of surface water, including river, stream, creek or run, whether or not intermittent.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 35-3 Adoption of Official Map; amendments.

A. 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]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

B. 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. 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.

§ 35-4 Effect of approved plats on Official Map.

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.

§ 35-5 Effect of Official Map on mapped streets, watercourses and public grounds.

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.

§ 35-6 Buildings in mapped streets, watercourses or other public grounds.

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.

§ 35-7 Time limitations on reservations for future taking.

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.

§ 35-8 Release of damage claims or compensation.

A. The Board may designate any of its agencies to negotiate with the owner of land under the following circumstances:

(1) Whereon reservations are made;

(2) Whereon releases of claims for damages or compensation for such reservations are required; or

(3) Whereon agreements indemnifying the Board from claims by others may be required.

B. Any releases or agreements, when properly executed by the Board and the owner and recorded, shall be binding upon any successor in title.

§ 35-9 Notice to other municipalities in Centre County.

A. 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. 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]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

C. 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.