[Ord. 540, 7/2/2003, § 1; as amended by Ord. 656,
4/9/2015]
This Part shall be known and may be cited as the "Official Map
Ordinance" and is adopted pursuant to Article IV of the Municipalities
Planning Code, 53 P.S. § 10401 et seq., as amended.
[Ord. 540, 7/2/2003, § 1]
This chapter is established for the following purposes:
A. To serve and promote the public health, safety, welfare and convenience.
B. To facilitate orderly development and the adequate provision of public
streets and other public facilities.
C. To improve traffic circulation.
D. To provide for the recreational and open space needs of the Township
and its residents.
E. To protect and enhance water resources and sewer facilities.
F. To facilitate the subdivision and development of land.
G. To facilitate the use of land and watercourses.
[Ord. 540, 7/2/2003, § 1; as amended by Ord. 656,
4/9/2015]
For the purposes of this chapter, the following terms shall
have the meaning set forth below, unless a different meaning clearly
appears from the context. Terms that are used in this chapter but
not specifically defined herein shall have the meanings set forth
in § 107 of the Municipalities Planning Code, 53 P.S. § 10107,
as amended.
COMPREHENSIVE PLAN
The Comprehensive Plan of the Township adopted by the Board
of Supervisors on February 14, 2001, through Res. R-15-A of 2001,
as amended.
MPC
The Municipalities Planning Code, 53 P.S. § 10101
et seq., as amended.
MTA
The Moon Transportation Authority, a municipal authority
established pursuant to the Municipality Authorities Act, 53 Pa.C.S.A.
§ 5601 et seq.
MTMA
The Moon Township Municipal Authority, a municipal authority
established pursuant to the Municipality Authorities Act, 53 Pa.C.S.A.
§ 5601 et seq.
NEIGHBORHOOD IMPROVEMENT DISTRICT (NID)
A limited geographic area within a municipality, in which
a special assessment is levied on all designated property, other than
tax exempt property, for the purpose of promoting the economic and
general welfare of the district and the municipality, pursuant to
the Neighborhood Improvement District Act, 73 P.S. § 831
et seq., as amended. Such district shall be referred to generally
as Neighborhood Improvement District (NID) and specifically as Business
Improvement District (BID), Residential Improvement District (RID),
Industrial Improvement District (BD), Institutional Improvement District
(INID) or Mixed Use Improvement District (MID), depending on the type
of district established.
OFFICIAL MAP
The Official Map of the Township as adopted by this chapter,
as amended.
PUBLIC FACILITY
Any existing or proposed public land and facility including,
but not limited to:
(1)
Public street, road, right-of-way, watercourse and public ground,
including widenings, narrowings, extensions, diminutions, openings
or closings of the same.
(2)
Public park, playground, recreation field and open space reservation.
(3)
Pedestrian way, trail, sidewalk and easement.
(4)
Railroad and transit right-of-way and easement.
(5)
Flood control basin, floodway and floodplain, stormwater management
area and drainage easement.
(6)
Water line, sewer line, pumping station and related facilities.
(7)
Township and/or school district building, structure, athletic
field and related facilities.
(8)
Support facility, easement and other property held by public
bodies undertaking the elements described in § 301 of the
MPC, 53 P.S. § 10301.
(9)
Any other land, property, facility, building and/or structure
to be utilized for or related to a public purpose or authorized by
Article IV of the MPC, 53 P.S. §§ 10401 et seq.
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.
(3)
Publicly owned or operated scenic and historic sites.
ROAD
A public street at its ultimate right-of-way width as shown
on the Official Map.
ROAD RELOCATION REPORT
A report prepared at the sole expense of an applicant for a subdivision and/or land development under the Subdivision and Land Development Ordinance [Chapter
22], requesting the relocation or elimination of a road identified as a public facility reserved area on the Official Map as part of the proposed subdivision and/or land development.
SCHOOL DISTRICT
The Moon Area School District, a body corporate and politic established pursuant to the Public School Code, 24 P.S. §
1-101 et seq.
TPAD
A Transportation Partnership District created pursuant to
the Transportation Partnership Act, 53 P.S. § 1621 et seq.
[Ord. 540, 7/2/2003, § 1; as amended by Ord. 599,
1/3/2006, § 2; and by Ord. 656, 4/9/2015]
1. The "Official Map" as attached hereto and incorporated herein at
Exhibit 14-A of this chapter is adopted as the Official Map of the
Township pursuant to Article IV of the MPC, 53 P.S. § 10401
et seq., as amended.
2. The adoption of a public facility 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.
[Ord. 540, 7/2/2003, § 1]
1. The following maps, charts and documents, incorporated herein by
reference, shall be used as guides to interpreting the Official Map.
Copies of these maps, charts and documents shall be available for
public review at the Township Building.
A. The Final Report, Existing Conditions and Scenario #5 Analysis, dated
September 15, 2000, by Trans Associates as amended and supplemented
by letter from Trans Associates dated December 12, 2001.
B. Cherrington Parkway Extension Drawings prepared by Lennon Smith Souleret
and dated February 2000.
C. Ewing Road and Cherrington Parkway Traffic Study prepared by Trans
Associates and dated February 20, 2001.
D. Moon-Clinton Benefit Assessment Report dated prepared by Trans Associates
and dated February 26, 2003.
2. Unless otherwise specified on the Official Map, where an existing
road is located in a public facility reserved area, the center line
of the reserved road shall follow the center line of the existing
road.
3. Unless otherwise specified on the Official Map, all proposed roads and/or the widening of existing roads shown on the Official Map shall meet the right-of-way width requirements specified in the Subdivision and Land Development Ordinance [Chapter
22] for the road classification so designated.
[Ord. 540, 7/2/2003, § 1]
The Board of Supervisors may fix the time for which public facilities
on the Official Map shall be deemed reserved for future taking or
acquisition for public use. However, a reservation for public grounds
shall lapse and become void one year after an owner of property subject
to the reservation has submitted a written notice to the Board of
Supervisors announcing his intentions to build, subdivide, or otherwise
develop the subject property, or has made formal application for an
official permit to build a building or structure for private use,
unless the governing body shall have acquired the subject property
or commenced condemnation proceedings to acquire the subject property
before the end of such one-year period.
[Ord. 540, 7/2/2003, § 1; as amended by Ord. 656,
4/9/2015]
1. The Township Manager shall be responsible for negotiating with the
owners 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.
C. Whereon agreements indemnifying the Board of Supervisors from claims
by others may be required.
2. Any releases or agreements, when properly executed by the Board of
Supervisors and the owner and recorded with the Allegheny County Department
of Real Estate, shall be binding upon any successor in title.
[Ord. 540, 7/2/2003, § 1; as amended by Ord. 656,
4/9/2015]
1. No permit shall be issued for any building in, over, or upon any
public facility reserved area designated on the Official Map.
2. No curb cuts or other access shall be permitted on roads designated as limited access in either the Comprehensive Plan or the Official Map except in the location shown on the Official Map unless the curb cut or other access is approved by the Board of Supervisors pursuant to: the special encroachment permit provisions of this section; the road relocation or elimination provisions of §
14-109 hereof; or an amendment to the Official Map pursuant to §
14-112 hereof.
3. No permit or other approval shall be issued by the Township for any
development, construction or improvement activity within a public
facility reserved area, unless a special encroachment permit is obtained
pursuant to this section. No person shall recover any damages for
the taking for public use of any building, structure or improvements
constructed within a public facility reserved area after the same
shall have been included on the Official Map, and any such building,
structure or improvement shall be removed at the expense of the owner
of the subject property.
4. Special Encroachment Permit. When property subject to a public facility
reserved area cannot yield a reasonable return to the owner unless
a Township permit is granted, the owner of the subject property may
apply to the Board of Supervisors for the grant of a special encroachment
permit to build on the subject property.
A. Application Procedure.
(1)
All applications for a special encroachment permit shall demonstrate
compliance with the applicable criteria of this subsection and any
other applicable requirements of the Code.
(2)
All applications for a special encroachment permit shall be
submitted to the Planning Director, in the form prescribed from time
to time by the Planning Director, along with the following information
and documentation:
(a)
Fourteen copies of the application for a special encroachment
permit.
(b)
Six full scale copies, 10 half scale copies with a minimum scale of one inch equals 200 feet and one electronic file of all plans, maps and drawings required for a preliminary land development application under the Subdivision and Land Development Ordinance [Chapter
22]. The electronic file shall be in a Township-compatible format.
(c)
Four paper copies and one electronic copy of all reports required as part of a preliminary land development application under the Subdivision and Land Development Ordinance [Chapter
22]. The electronic file shall be in a Township-compatible format.
B. Review Procedure.
(1)
A special encroachment permit application shall not be considered
to be administratively complete until all items required by this chapter,
including the relevant application and filing fees, have been received
by the Township. The Planning Director shall review the application
to determine whether all materials required by this chapter have been
submitted by the applicant. If all such materials have not been submitted,
the Planning Director shall reject the application as being administratively
incomplete and shall notify the applicant, in writing, citing the
specific deficiencies and the specific requirements of this chapter
that have not been met.
(2)
Within five calendar days of receipt of an administratively
complete application, the Planning Director shall submit one copy
of the application to each of the following entities for review and
comment: each member of the Planning Commission; the Township Engineer;
the Environmental Advisory Council; the MTMA; and the MTA. At the
Planning Commission's request, copies of the application may
also be referred to any other appropriate review agencies.
(3)
The Planning Commission shall review the application and forward
its recommendation to the Board of Supervisors within 30 days of the
date of the Planning Commission's receipt of the same.
(4)
The Board of Supervisors shall hold a public hearing, pursuant
to public notice, within 45 days of the date of filing of an administratively
complete application. All parties in interest shall have an opportunity
to be heard during this public hearing. The Board of Supervisors shall
make a decision on the special encroachment permit application within
45 days of the last public hearing.
(5)
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 §§
14-108, Subsections
1,
2 and
3, will exact undue hardship on the applicant because of peculiar conditions pertaining to the subject property.
(6)
A refusal by the Board of Supervisors to grant a special encroachment
permit 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 MPC, 53 P.S. § 10901 et seq.
C. 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 regulations.
D. 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.
[Ord. 540, 7/2/2003, § 1; as amended by Ord. 656,
4/9/2015]
A road including, without limitation, rights-of-way or access points, identified as a public facility reserved area may be relocated or eliminated by any applicant on his or her property as part of an approved land development or subdivision plan under the Subdivision and Land Development Ordinance [Chapter
22], in accordance with the provisions of this section.
A. If an applicant desires to relocate or eliminate a road identified as a public facility reserved area as part of a proposed subdivision and/or land development application filed pursuant to the Subdivision and Land Development Ordinance [Chapter
22], then the applicant shall prepare a Road Relocation Report containing an analysis showing that the relocation or elimination proposed on the subdivision or land development plan meets the following criteria, as appropriate:
(1)
If relocation to another parcel is requested, the proposed location
on another parcel along with an assignable binding option agreement
for the purchase of the necessary land or interest required for the
road.
(2)
If elimination of the road is proposed, an analysis as to why
the road is no longer needed.
(3)
The applicant demonstrates that the relocated or eliminated
road:
(a)
Is as safe or safer in terms of vertical or horizontal alignment.
(b)
Has as much or more capacity to carry vehicular traffic.
(c)
Presents no extraordinary maintenance problems.
(d)
Is substantially the same length or size.
(e)
Functions equally well with the overall Township wide road network.
(f)
Does not foreclose future road connections with adjoining properties
and does not require the relocation of roads on adjoining properties.
(g)
If constructed as part of a TPAD or NID improvement, that it is no more expensive to construct than the TPAD or NID improvement previously designated and that it is no more expensive to obtain the property or the right-of-way shown on the Official Map; provided, however, an applicant may propose to contribute funds equal to 110% of the increase in costs associated with the road relocation or elimination as determined by the Township Traffic Engineer and/or the Township Engineer, and after such contribution shall be deemed to have satisfied this requirement. Should the relocation or elimination request be approved, the contribution need not be made until the time the TPAD or NID improvement is constructed, provided that the applicant shall post financial security for the contribution as if it were an improvement in accordance with the requirements of the Subdivision and Land Development Ordinance [Chapter
22].
B. For relocations entirely within the applicant's parcel, the
relocation of a proposed road shall be accomplished by showing the
new location of the road on the approved subdivision and land development
plan with the following indenture included thereon duly signed by
the Chairperson of the Board of Supervisors which shall state in substantially
the form hereof:
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The road described hereunder [insert description] is hereby
substituted for the road shown on the Official Map of Moon Township
recorded in the office of the Department of Real Estate of Allegheny
County at _____ Book Volume _____ Page(s) _____ in so far as the same
affects the property contained within this plan. Through the approval
of this plan, the Official Map of Moon Township is amended consistent
with the relocation of the above referenced road.
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Township of Moon
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Chairperson, Board of Supervisors
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C. For elimination of a road, a release of damage claim shall be recorded
in the Department of Real Estate of Allegheny County in accordance
with § 407 of the MPC, 53 P.S. § 10407.
D. Review of the Road Relocation Report.
(1)
The Planning Commission shall review the Road Relocation Report
and make its recommendations on the road relocation or elimination
request to the Board of Supervisors at the same time as it makes a
recommendation on the underlying subdivision and/or land development
application.
(2)
The Board of Supervisors shall act upon the road relocation
or elimination request at the same time it acts on the underlying
subdivision and/or land development application.
(3)
In the event of a denial of a road relocation or elimination request by the Board of Supervisors, the underlying subdivision and/or land development application shall proceed in its normal course pursuant to the Subdivision and Land Development Ordinance [Chapter
22], and the MPC, 53 P.S. § 10101 et seq.
[Ord. 540, 7/2/2003, § 1]
The Township Manager 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 Township
Manager shall become effective upon approval of the Board of Supervisors
through a duly adopted resolution.
[Ord. 540, 7/2/2003, § 1; as amended by Ord. 656,
4/9/2015]
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 Township Police Chief 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 § 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. 540, 7/2/2003, § 1; as amended by Ord. 656,
4/9/2015]
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 Part 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], 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 Planning Director 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:
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This plat amends the Moon Township Official Map adopted pursuant to Chapter 14 of the Moon Township Code of Ordinances, Official Map, recorded in the Department of Real Estate of Allegheny County at _____ __ Book Volume _____ Page(s) _____.
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[Ord. 540, 7/2/2003, § 1]
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 Part. 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 Township Manager,
or his 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. 540, 7/2/2003, § 1; as amended by Ord. 656,
4/9/2015]
1. Any person, partnership or corporation who has violated any provision
of this Part shall, upon being found liable therefore 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 Part found to have
been violated. In addition to any other remedy available under the
law, the Township may enforce this Part through an action in equity.
The initial determination of a violation of this Part is hereby delegated
to the Township Manager, the Planning Director, the Code Official,
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 Part, 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.
[Ord. 540, 7/2/2003, § 1]
Unless otherwise specifically provided in this Part, any appeal
from a decision or action of the Board of Supervisors or of any Township
officer or agency of matters pertaining to this Part shall be made
in the same manner and with the same time limitation as is provided
for zoning appeals under Article X-A of the MPC, 53 P.S. § 11001-A.