Chapter 144 Official Map

Purpose. This chapter is enacted to protect and promote the public health, safety, convenience and general welfare; to further accomplish the goals of the Reuse Plan for NASJRB as approved by Horsham Township and the federal government, including but not limited to open space, roads, pedestrian trails, stormwater facilities, utilities, and public buildings and facilities.

MUNICIPAL or MUNICIPALITY

Method. The purpose, as specified above, is accomplished by depicting on the Official Map the location of the open space areas, roads, pedestrian trails, stormwater facilities, utilities, and public buildings, and facilities, which may be acquired by the Horsham Land Redevelopment Authority, in fee, by easement or other interest, and transferred to the Horsham Township in accordance with this chapter and Article IV of the MPC.

Severability. Should any section or provision of this chapter be declared unconstitutional or invalid by a court of law, such decision shall not affect the validity of any other section or provision of this chapter other than the one so declared.

Definitions. Unless a contrary intention clearly appears, the following words and phrases shall have the meaning given in this section.

BUILDING

This word shall have the same definition as appears in the current Township Zoning Ordinance and any subsequent amendment thereto.

CONSERVATION EASEMENT

The legal right granted or sold by a property owner to the Township, some other public entity or a private conservation organization which permanently limits the type and amount of development and/or use that may take place on the property, and specifies the type, if any, of public access to the property.

COUNCIL

The Council of Horsham Township, County of Montgomery, Commonwealth of Pennsylvania.

COUNTY

The County of Montgomery, Commonwealth of Pennsylvania.

IMPROVEMENT

Any man-made modification or change to real property not constituting a building or structure as those terms are herein defined.

LAND DEVELOPMENT

This phrase shall have the same definition as appears in the MPC and any subsequent amendment thereto.

Horsham Township, Montgomery County, Pennsylvania, or pertaining thereto.

OFFICIAL MAP

The Official Map of Horsham Township as adopted and/or amended in accordance with this chapter.

PERSON

Any individual, partnership, firm, limited liability company or partnership, public or private corporation, incorporated or unincorporated association, enterprise or any other legal entity and, including without limitation with respect to each of the above, any agent, servant or employee thereof.

PUBLIC GROUNDS

Any land, right-of-way, easement or other interest in land which are owned, operated, or controlled by a government agency, including but not limited to buildings, streets and street rights-of-way, parks, playgrounds, watercourses, open space reservations, conservation easements, sidewalks and pedestrian ways, easements, railroad and transit rights-of-way, airports, flood control facilities, stormwater management facilities and other stormwater best management practices ("BMPs"), drainage easements and with respect to all of the foregoing, any proposed or future interest reserved on the Official Map.

PUBLIC NOTICE

Notice published once each week for two consecutive 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 not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.

RIGHT-OF-WAY

The total width of any land reserved or dedicated, or eligible to be reserved or dedicated, for the purpose of a street, utility, crosswalk or other public purpose or use.

STREET or ROAD

A strip of land, including the entire right-of-way, providing access to more than one lot. The words "street" or "roads" includes street (and all of its classifications), avenue, boulevard, thoroughfare, road, highway, freeway, parkway, lane, alley, viaduct and other ways used or intended to be used by vehicular traffic or pedestrians, whether public or private, and utilities located along or in the Street or Road.

STREET OR ROAD FUNCTIONAL CLASSIFICATION

The identification of general operating conditions and operational characteristics of streets and roads categorized according to a hierarchy, as designated on the Official Map in accordance with standards contained in the Horsham Township Subdivision and Land Development Ordinance and Zoning Ordinance.

STREET, PRIVATE

A street which is not dedicated for public use and maintenance.

STREET, PUBLIC

A street which is dedicated for public use and maintenance.

STRUCTURE

Any manmade object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.

SUBDIVISION

This term shall have the same definition as appears in the MPC and any subsequent amendment thereto.

TOWNSHIP

Horsham Township, the County of Montgomery, Commonwealth of Pennsylvania.

ZONING HEARING BOARD

The Horsham Township Zoning Hearing Board.

ZONING OFFICER

An agent or official designated by the Township to administer and enforce, among other things, the provisions of the Zoning Ordinance and this Official Map chapter.

§ 144-2 Map elements, creation, and amendment.

Map elements.

Map elements. The Official Map may depict appropriate elements or portions of elements of the Horsham Township Comprehensive Plan, and any other plan or study of the area of former NASJRB with regard to public lands and facilities, and may include, but need not be limited to:

Existing and proposed public streets, watercourses and public grounds, including widenings, narrowings, extensions, diminutions, openings or closing of same;

Existing and proposed public parks, playgrounds, and open space reservations;

Conservation easements;

Pedestrian ways and easements;

(e)

Flood control basins, floodways and flood plains, stormwater, management areas and drainage easements;

(f)

Utilities including, but not limited to, water and sewer facilities, electricity, gas, telecommunications facilities; and

(g)

Support facilities, easements and other properties held by public bodies undertaking the elements of plans and studies for the area of the NASJRB.

Identification of elements.

Identification and acquisition. For the purpose of initially identifying 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 are sufficient. For the acquisition of lands and easements, boundary description by metes and bounds shall be made and sealed by a licensed surveyor, registered in the Commonwealth of Pennsylvania.

Street design requirements. Unless otherwise specified on the Official Map or by other controlling ordinances, all proposed street rights-of-way and widenings of existing public street rights-of-way as designated by this Official Map shall incorporate the necessary right-of-way and clearances and meet the design requirements specified in the Township's Zoning and Subdivision and Land Development Ordinances, as amended, for the street functional classification.

Certification, amendment, and notice.

Certification. The Official Map shall be certified by the signatures of the President of the Horsham Township Council and attested by the Township Secretary as follows: "This is to certify that this is the Official Map of Horsham Township referred to in the Official Map Ordinance of Horsham Township, Montgomery County, Pennsylvania." The date of enactment of this chapter shall appear on the Official Map, and it shall be kept on file with the Township Secretary.

§ 144-3 Effect of Official Map and reservations.

Amendments to the Official Map. The Official Map may be amended from time to time by the Horsham Township Council in accordance with the requirements of this chapter and the MPC. All such amendments shall be certified by signature on the Official Map of the President of the Horsham Township Council. In addition, the Official Map shall be annotated with the amending ordinance number and date of enactment. Alternatively, the Official Map may be republished, approved and certified in accordance with this chapter.

(3)

Following adoption of the Official Map or any amendments thereto in accordance with Subsection C(2), above, all map elements depicted on approved, final plats and recorded in accordance with the Subdivision and Land Development Ordinance shall be deemed amendments to the Official Map without further action, notice or public hearing.

(4)

The Official Map, any amendment made thereto in accordance with Subsection C(2), above, and any accompanying ordinance shall be submitted to the Horsham Township Planning Commission, the Montgomery County Planning Commission, adjacent municipalities where the same depict any street or other public land intended to lead into such municipality, and to any other entities required by law for review and possible comment. The review period shall be 45 days, after which action on the proposed Official Map or amendment thereto may be taken by the Horsham Township Council with or without comment and following a public hearing with public notice as provided by law.

Reservations for public grounds.

Reservations. The Official Map depicts reservations for the taking or acquisition of future streets and public grounds and shall impact the development or use of land so reserved as more particularly set forth herein.

Time limits and renewal. The time limit for which streets and public grounds depicted on the Official Map shall be deemed reserved for future taking or acquisition for public use shall be 25 years. The reservation period shall commence with the effective date of the ordinance adopting the Official Map and shall automatically renew commencing with the effective date of each ordinance adopting any amendment made in accordance with § 144-2C(2). The automatic renewal provisions shall not apply to deemed amendments made in accordance with § 144-2C(3). Reservations may be renewed periodically by ordinance at the discretion of the Horsham Township Council.

(3)

Prohibition in reserved areas. Except as otherwise set forth in this chapter, no approval shall be granted for any building, structure or other improvement within public grounds reserved on the Official Map.

(4)

Lapse of reservations. The reservation for public grounds shall lapse and become void after the owner of such property has submitted written notification to the Horsham Township Council announcing its intention to build, subdivide or otherwise develop the land or any part thereof covered by the reservation to construct a building, structure or other improvement upon such public grounds or any part thereof for private use; and the Horsham Township Council does not commence condemnation proceedings or otherwise acquire the land before the end of the following time periods, as measured from the date the Township first received such notice:

Buildings, structures and other improvements not requiring land development approval: 180 days.

Buildings, structures and other improvements requiring land development approval: one year.

(5)

Effect of reservation. The reservation of any public grounds on the Official Map shall not, standing alone, constitute or be deemed to constitute the opening or establishment of any street or the taking or acceptance of any land and shall not obligate the Township to improve or maintain any such street or land. The reservation of proposed or future 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 the Township. Except as otherwise provided in this Ordinance, no person shall recover any damages for the taking for public use of any building, structure or improvement constructed within the lines of any street, watercourse or public grounds after the same shall have been included in the Official Map, and any such building, structure or improvement shall be removed at the expense of the owner.

(6)

Except as otherwise set forth herein, for the purposes of preserving the integrity of the Official Map, no approval shall be granted for any building, structure or other improvement within the lines of any street, watercourse or other public grounds depicted, laid out or reserved thereon.

Special encroachment permits.

Special encroachment permit purpose. In order to preserve the integrity of the Official Map, no building, structure or other improvement shall be placed on, in or under public grounds for which a reservation has not lapsed without first obtaining a special encroachment permit.

Special encroachment permit procedure. Special encroachment permits shall be granted in accordance with the following requirements.

Application. When a property encompassing in whole or in part a reserved area cannot yield a reasonable return to the owner unless approval for the building, structure or other improvement shall be granted, the owner may apply to the Council for a special encroachment permit. Before granting a special encroachment permit, the Council may submit the application to the Township Planning Commission and allow the Planning Commission 30 days to review and comment on the same.

Notice and hearing. The Council shall have exclusive jurisdiction to hear and render final adjudications upon applications for special encroachment permits pursuant to § 909.1(b)(7) of the MPC. Public notice shall be given in accordance with applicable law, at which time all parties in interest shall have an opportunity to be heard. Hearings will be conducted by the Council sitting as the board in accordance with § 908 of the MPC.

Conditions. In rendering a final adjudication, the Council may attach reasonable conditions to the grant of a special encroachment permit. The applicant's rejection of a condition shall be deemed a denial of the permit application.

§ 144-4 Violations, penalties and appeals.

Appeal. A refusal by the Council to grant a special encroachment permit or the applicant's rejection of any condition of approval may be appealed to the Zoning Hearing Board in the same manner and within the same timeframe as provided in Article IX of the MPC, and any such appeal shall be limited to whether the Council committed an error of law and/or abuse of discretion. The failure to timely raise any issue at the hearing before the Horsham Township Council shall be deemed a waiver thereof.

Notice of violation.

Where it appears that a violation of any provision of this chapter has occurred, the Zoning Officer shall initiate enforcement proceedings through the issuance of an enforcement notice meeting the requirements of § 616.1 of the MPC.

A failure to timely appeal the enforcement notice to the Zoning Hearing Board in accordance with the Township Zoning Ordinance and Article IX of the MPC shall result in a judicial admission of the occurrence of the conduct which is the subject of the notice and a judicial admission of the fact of a violation of this chapter, and may lead to further enforcement action by the Township as permitted by law.

Causes of action.

Where any building, structure or improvement is erected, reconstructed, converted or maintained, or where any building, structure, improvement and/or land are used in violation of this chapter, the Township may, in addition to the action set forth in Subsection A, above:

Institute any appropriate action or proceedings to prevent, restrain or abate such unlawful activity;

Withhold, deny or rescind necessary permits or approvals;

Otherwise prevent the occupancy or use of said building, structure, improvement or land and/or prevent any illegal act, conduct, business or use in or about such premises; and/or

Pursue all other lawful remedies, including but not limited to the Preventive and Enforcement Remedies of Article V of the MPC.

Violations and penalties.

A finding of violation of this chapter may subject the offending party to a fine not to exceed $500. Each day a violation continues shall constitute a separate violation, unless it shall be determined that there existed a good faith basis for the person violating the chapter to believe there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the court and thereafter each day that a violation continues shall constitute a separate violation.

In any action instituted for a violation of this chapter, the Township may claim, and upon successful prosecution shall recover, all court costs, consultant and expert witness fees and reasonable attorney fees actually incurred by the Township as a result of the violation. The Township may include in its claim and recover all consulting, expert and reasonable attorney fees actually incurred not only in the prosecution of the claim but such fees incurred prior to the filing of the claim, if related to the violation.

§ 144-5 Word usage.

Interpretation.

All words and phrases used herein shall be interpreted as follows:

Words and phrases 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;

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;

The words "shall" and "must" are mandatory words, and the words "may" and "should" are permissive; and