[Adopted 12-8-2008 by Ord. No. 282]
A.
Short title. This article shall be known and may be cited as the
"Harris Township Official Map Ordinance."
C.
Purpose. This article is enacted for the purpose of serving and promoting
the public health, safety, convenience, and general welfare; to facilitate
adequate provisions of public streets and facilities; to improve traffic
circulation; to provide for the recreational and open space needs
of the community; to provide pedestrianways and easements; to protect
and enhance water resources; to provide for flood control basins,
floodways and floodplains, stormwater management areas and drainage
easements; and to facilitate the subdivision of land and the use of
land and watercourses.
A.
Official Map provisions.
(1)
The Official Map, as enacted by the Ordinance, and subsequently amended,
shall identify the location of the lines of:
(a)
Existing and proposed public streets, well sites, watercourses,
and public grounds, including widenings, narrowings, extensions, diminutions,
openings, or closings of same.
(b)
Existing and proposed public parks, playgrounds and open space
reservations.
(c)
Pedestrianways and easements.
(d)
Railroad and transit rights-of-way and easements.
(e)
Flood control basins, floodways and floodplains, stormwater
management areas and drainage easements.
(2)
At the time of enactment of this article, all existing surveys designating
the exact location of the lines of existing public street right-of-way,
watercourses, and public grounds, including surveys prepared by government
agencies or incorporated as part of final, recorded, subdivision and
land development plans duly approved by the Board of Supervisors shall,
by reference, be deemed an attachment to the Official Map for the
purpose of so designating the exact location of said existing lines.
(3)
For the purpose of initially reserving 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 will be sufficient. For
the acquisition of lands and easements, boundary descriptions by metes
and bounds shall be made and sealed by a licensed surveyor, registered
in the Commonwealth of Pennsylvania.
(4)
The Harris Township Board of Supervisors, by amending ordinances,
may make additions or modifications to the Official Map, or parts
thereto, and may also vacate any existing or proposed public street,
watercourse, or public ground contained in the Official Map, or part
thereof.
B.
Incorporation of the Official Map. The Official Map, including all
notations, references, and other data shown thereon, is hereby incorporated
by reference into this article as if it were fully described herein.[2]
(1)
Certification of the Official Map.
(a)
The Official Map shall be identified by the signatures of the
Harris Township Board of Supervisors, attested by the Harris Township
Secretary, under the following words: "This is to certify that this
is the Official Map of Harris Township referred to in Section _____
of Ordinance Number _____ of Harris Township, Centre County, Pennsylvania,"
together with the date of enactment of this article. The Map shall
be kept on file with the Harris Township Secretary.
(b)
Following adoption of this article and Official Map, or any
amendment thereof, a copy of the same, verified by the Board of Supervisors,
shall be submitted to the Recorder of Deeds of Centre County, and
shall be recorded within 60 days of the effective date of the article
or amendment thereof.
(2)
Changes in the Official Map.
(a)
If, in accordance with the provisions of this article, changes are made to the location of lines designating existing or proposed public streets, watercourses, or public grounds, such changes shall be entered promptly on said Map. All changes, except those resulting from subdivision and land development plans as specified in § 1-4.4B, shall be certified by initialing of the Map by the Chairman of the Harris Township Board of Supervisors together with the amending ordinance number and date of enactment.
(b)
Following any change or amendment to the Official Map, a copy
of the same, verified by the Township Secretary, shall be submitted
to the Recorder of Deeds of Centre County, and shall be recorded within
60 days of the effective date of this article or amendment thereof.
(3)
Relationship with County Official Map. The adoption of an Official
Map by the County shall not affect the Harris Township Official Map,
except that the County Official Map shall govern as to county streets
and public grounds of the county in accordance with the Pennsylvania
Municipalities Planning Code.[3]
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
(4)
Relationship with adjacent municipalities.
(a)
If the Official Map, or amendment thereto, shows any street
or public lands intended to lead into any adjacent municipality, a
copy of said Official Map, or amendment thereto, shall be forwarded
to such adjacent municipality. The comments of the adjacent municipality
shall be made to the Board of Supervisors of Harris Township within
45 days of such forwarding, and the proposed action by the Board of
Supervisors shall not be taken until such comments are received; provided,
however, if the adjacent municipality fails to provide comments within
45 days, the Board of Supervisors may proceed without the comments
of the adjacent municipality.
(b)
Upon adoption of the Official Map, or any amendment thereof,
in which any street or public lands are intended to lead into an adjacent
municipality, a certified copy of the Official Map and ordinance adopting
it shall be forwarded within 30 days after adoption to the adjacent
municipality.
[2]
Editor's Note: The Official Map is on file in the Township
offices.
A.
Construction within mapped streets or public grounds. For the purpose of preserving the integrity of the Harris Township Official Map, 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, any 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 Harris Township Board of Supervisors for the grant of a special encroachment permit to build. Before granting any special encroachment permit authorized in this section, the Board of Supervisors may submit the application for a special encroachment permit to the Harris 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 of Supervisors 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 limitations, as is provided in Article IX of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10901 et seq.
B.
Time limitations.
(1)
The Board of Supervisors 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.
(2)
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 Supervisors 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 of Supervisors shall have acquired the
property or begun condemnation proceedings to acquire such property
before the end of the year.
(3)
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 Harris 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 an acceptance of any land by Harris
Township.
C.
Release of damage claims or compensation.
(1)
The Harris Township Board of Supervisors may designate any of its
employees or agencies to negotiate with the owner of the land under
the following circumstances:
(2)
Any such releases or agreements, when properly executed by the Board
of Supervisors and the owner and recorded shall be binding upon successor
in title.
A.
Procedure.
(1)
Prior to the adoption of the Official Map, or part thereof or any
amendment 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 Harris
Township Planning Commission for review. The Harris 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
Harris Township Board of Supervisors. If, however, the Planning Commission
fails to act within the 45 days, the Board of Supervisors may proceed
without its recommendations.
(2)
The Centre County Planning Commission and adjacent municipalities
may offer comments and recommendations during said forty-five-day
review period in accordance with Section 408 of the Pennsylvania Municipalities
Planning Code.[1] Local authorities, park boards, environmental boards,
and similar public bodies may also offer comments and recommendations
to the Board of Supervisors 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 of Supervisors shall hold a public
hearing pursuant to public notice.
[1]
Editor's Note: See 53 P.S. § 10408.
B.
Amendment by subdivision plan. After adoption of the Official Map,
or part thereof, all streets, watercourses, and public grounds and
the elements listed in Section 401 of the Pennsylvania Municipalities
Planning Code[2] on final, recorded subdivision and land development plans
which have been duly approved by the Board of Supervisors shall be
deemed amendments to the Official Map. Notwithstanding any of the
other terms of this article, no public hearing need be held or public
notice given if the amendment of the Official Map is the result of
the addition of a plan which has been duly approved by the Board of
Supervisors.
[2]
Editor's Note: See 53 P.S. § 10401.
A.
Notice of violation.
(1)
Whenever any person, partnership or corporation shall have violated
the terms of this article, the Zoning Officer shall cause a written
notice to be served upon the owner, applicant, developer, property
manager, or other person responsible for the property or the violation,
directing him to comply with all the terms of this article within
30 days; and further, the Zoning Officer shall give notice to the
owner, applicant, developer, property manager, or other person responsible
for the property or the violation that if the violation is not corrected,
the Township may correct the same and charge the landowner or other
persons responsible and the cost thereof plus penalties, as specified
herein, for failure to comply.
(2)
Such notice shall be delivered by the United States Postal Service,
first class, postage prepaid, or by certified or registered mail;
or by personal service; or if the property is occupied, by posting
notice at a conspicuous place upon the affected property.
B.
Sanctions for failure to comply.
(1)
The failure of any person, partnership or corporation to comply with
the term of this article within the period stated in the notice by
the Zoning Officer constitutes a violation with possible sanctions
which may be as much as $500 per day of each violation, plus court
costs, including reasonable attorney's fees incurred by the Township
as a result of prosecution of such violation. Each and every day of
continued violation shall constitute a separate violation.
(2)
In the event that the owner, developer, occupant, applicant, property
manager or other person responsible fails to comply with the terms
of this article within the time specified by the Zoning Officer, the
Township may take any actions necessary to correct the violation.
The costs for correction of the violation shall be in addition to
any penalties for the violation for failure to comply.
(3)
In addition to the sanctions, costs, and penalties provided for by
this section, the Township may institute proceedings in courts of
equity to prevent, restrain, or correct or abate such building, structure,
or land, or to prevent, in or about such premises, any act, conduct,
business or use constituting a violation.
C.
Appeals. Any appeal from a decision or action of the Board of Supervisors or of any office or agency of Harris Township in matters pertaining to this article shall be made in the same manner and within the same time limitations as is provided for zoning appeals in Article X of the Pennsylvania Municipalities Planning Code, as amended.[1]
[1]
Editor's Note: See now Article X-A, 53 P.S. § 11001-A
et seq.
A.
Language interpretations. For the purposes of this article, 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 the singular;
words of masculine gender include feminine gender, and words of feminine
gender include masculine 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 the kind and character.
(3)
The word "person" includes an individual, firm, association, organization,
partnership, trust, company, corporation, or any similar entity.
(4)
The words "shall" and "must" are mandatory words and "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.
BOARD OF SUPERVISORS
BUILDING
COUNTY
GOVERNING BODY
MUNICIPAL; MUNICIPALITY
PUBLIC
PUBLIC GROUNDS
PUBLIC NOTICE
RIGHT-OF-WAY
STREET
TOWNSHIP
WATERCOURSES
ZONING HEARING BOARD
ZONING OFFICER
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 Harris, 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 Harris Township, Centre County,
Pennsylvania.
Harris Township, Centre County, Pennsylvania.
Owned, operated, or controlled by a government agency.
Parks, playgrounds, trails, paths and other public areas
including sites for schools, sewage treatment, and other publicly
owned and operated facilities, including scenic and historic sites.
Notice published once each week for two consecutive weeks
in a newspaper of general circulation in Harris 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 or less than seven days from the date
of the hearing.
The total width of any land reserved or dedicated for the
purposes of a street, crosswalk, or for other public purposes.
A street, avenue, boulevard, road, highway, freeway, parkway,
lane, alley, viaduct and any other ways used or intended to be used
by vehicular or pedestrian traffic whether public or private.
The Township of Harris, County of Centre, Commonwealth of
Pennsylvania.
A stream of surface water, including river, stream, creek,
or run, whether or not intermittent.
The Harris Township Zoning Hearing Board.
An individual appointed by the Board of Supervisors to administer and enforce the provisions of the Official Map and Chapter 12, Zoning.
