This chapter shall be known, and may be cited,
as the "Patton Township Official Map."
This chapter is enacted and ordained under the
grant of powers by the General Assembly of the Commonwealth of Pennsylvania,
the Pennsylvania Municipalities Planning Code, Act 170 of 1988, December
21, P.L. No. 170, as amended.
This chapter is enacted for the purpose of serving
and promoting the public health, safety, convenience and general welfare,
to facilitate adequate provision of public streets and facilities,
to improve traffic circulation, to provide for the recreational and
open space needs of the community, to protect and enhance water resources
and to facilitate the subdivision of land and the use of land and
watercourses.
The Official Map, as enacted and subsequently
amended, shall identify the location of the lines of existing and
proposed public streets, well sites, watercourses and public grounds,
including widenings, narrowings, extensions, diminutions, openings
or closings.
A. For the purpose
of initially reserving land on the Official Map, property records,
aerial photography, photogrammetric mapping or other method 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.
B. The governing body, by amending ordinances, may make additions or modifications to the Official Map or part thereof by following the provisions included in Subsection
A above and may also vacate any existing or proposed public street, watercourse or public ground contained in the Official Map, or part thereof.
C. Unless otherwise specified, all proposed public street rights-of-way and widenings of existing public street rights-of-way shall meet the width requirements specified in the Chapter
350, Subdivision and Land Development, for the street classification so designated.
The Official Map, including all notations, references
and other data shown thereon, is hereby incorporated by reference
into this chapter as if it were fully described herein.
A. Certification of the Official Map. The Official Map shall be identified by the signatures of the Patton Township Board of Supervisors, attested by the Township Secretary under the following words: "This is to certify that this is the Official Map of the Patton Township referred to in §
69-5 of Ordinance No. 96-325 of the Patton Township, Centre County, Pennsylvania, together with the date of enactment of this chapter." The map shall be kept on file with the Municipal Manager.
B. The Official Map
and this chapter have been adopted pursuant to the provisions provided
in Section 402 of the Pennsylvania Municipalities Planning Code. A copy of the Official Map and this chapter of the Patton
Township, Centre County, Pennsylvania is recorded in the Centre County
Recorder of Deeds Office.
If, in accordance with the provisions of this chapter, 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 §
69-12B below, shall be certified by initialing of the map by the Chair of the Patton Township Board of Supervisors together with the amending ordinance number and date of enactment.
The adoption of an Official Map by the county
shall not affect the Official Map of Patton Township, except that
the County Official Map shall govern as to county streets and public
grounds, facilities and improvements of the county in accordance with
the Pennsylvania Municipalities Planning Code.
If the Official Map, or amendment thereto, shows
any street intended to lead into any adjacent municipality, a certified
copy of the Official Map, or amendment thereto, shall be forwarded
to such adjacent municipality.
For the purpose of preserving the integrity
of the Official Map of the municipality, 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 governing body
for the grant of a special encroachment permit to so build. Before
granting any special encroachment permit authorized in this section,
the governing body may submit the application for a special encroachment
permit to the local planning agency and allow the planning agency
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 governing body 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 is provided in Article IX of the Pennsylvania Municipalities
Planning Code in accordance with §
69-14 of this chapter.
A. The Patton Township
Board of Supervisors may fix the time for which streets, watercourses
and public ground on the Official Map shall be deemed reserved for
future taking or acquisition for public use. 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 governing body announcing
their 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 governing
body shall have acquired the property or begun condemnation proceedings
to acquire such property before the end of the year.
B. 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 municipality 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 the municipality.
The governing body may designate any of its
agencies to negotiate with the owner of land whereon reservations
are made, releases of claims for damages or compensation for such
reservations are required or agreements indemnifying the governing
body from such claims by others may be required. Any releases or agreements
when properly executed by the governing body and the owner, and recorded,
shall be binding upon any successor in title.
Any appeal from a decision or action of the
governing body or of any officer or agency of the Township in matters
pertaining to this chapter shall be made in the same manner and within
the same time limitation as is provided for zoning appeals in Article
X-A of the Pennsylvania Municipalities Planning Code, as amended.