[Ord. 176, 6/20/2018, § 1]
[Ord. 176, 6/20/2018, § 2]
After adoption of the Official Map, all streets, watercourses,
public grounds and elements listed in Section 401 of the Municipalities
Planning Code[1] on final, recorded plats which are subsequently approved
as provided by the Pennsylvania Municipalities Planning Code shall
be deemed amendments to the Official Map.
[1]
Editor's Note: See 53 P.S. § 10401.
[Ord. 176, 6/20/2018, § 3]
The adoption of any street, street lines, or other public lands
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 the
Township to improve or maintain any such street or land. The adoption
of the proposed watercourses or public grounds as part of the Official
Map shall not, in and of itself, constitute or be deemed to constitute
the taking or acceptance of any land of the Township.
[Ord. 176, 6/20/2018, § 4]
For the purposes of preserving the integrity of the Official
Map of Upper Nazareth 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 the Board of Supervisors
of Upper Nazareth Township 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 special encroachment permit to the Upper Nazareth 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 limitation,
as provided by the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[Ord. 176, 6/20/2018, § 5]
Adoption of the Official Map shall be subject to the provisions
of Section 406 of the Pennsylvania Municipalities Planning Code,[1] providing for time limitations on reservation for future
taking, and Section 407 of the Pennsylvania Municipalities Planning
Code,[2] providing for release of damage claims or compensation.
The Official Map provides designation of parcel boundaries, public
recreation land, Township facilities, public paths, existing roadway
classifications, and proposed greenways to be reserved for open space.
Subsequent to the adoption of this Part and Official Map, any subdivision
or land development plan submitted to the Township must incorporate
the identified features and classifications.
