[HISTORY: Adopted by the Board of Supervisors
of the Township of Patton 1-24-1996 by Ord. No. 96-325. Amendments noted where
applicable.]
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.[1]
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
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.
A.
Language interpretations. For the purposes of this
chapter, 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 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 like kind and character.
(3)
The word "person" includes an individual, firm, association,
organization, partnership, trust, company, corporation or any other
similar entity.
(4)
The words "shall" and "must" are mandatory; the words
"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.
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.
- BOARD OF SUPERVISORS
- The Board of Supervisors of Patton Township, County of Centre, Commonwealth of Pennsylvania.
- BUILDING
- A structure, including any part thereof, having a roof and used for the shelter or enclosure of persons or property.
- COUNTY
- The County of Centre, Commonwealth of Pennsylvania.
- GOVERNING BODY
- The Board of Supervisors of Patton Township, County of Centre, Commonwealth of Pennsylvania.
- MUNICIPAL; MUNICIPALITY
- Patton Township, County of Centre, Commonwealth of Pennsylvania.
- PUBLIC
- Owned, operated or controlled by a government agency.
- PUBLIC NOTICE
- Notice published once each week for two successive weeks in a newspaper of general circulation in the municipality. 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 be not more than 30 days or less than seven days from the date of the hearing.
- RIGHTS-OF-WAY
- A corridor of land set aside for use, in whole or in part, by a street.
- STREET
- A street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct and any other ways used or intended to be used by vehicular traffic or pedestrians.
- TOWNSHIP
- Patton Township, County of Centre, Commonwealth of Pennsylvania.
- WATERCOURSES
- A stream of surface water, including river, stream, creek or run, whether or not intermittent.
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.
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 § 28-5 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.[1] 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.
[1]
Editor's Note: See 53 P.S. § 10402
et seq.
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 § 28-12B 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.[1]
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
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[1] in accordance with § 28-14 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 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 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.
[1]
Editor's Note: See 53 P.S. § 10901
et seq.
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.
A.
Procedure.
(1)
Prior to the adoption of the Official Map or part
thereof, or any amendments to the Official Map, the governing body
shall refer the proposed Official Map, or part thereof or amendment
thereto, with an accompanying ordinance describing the proposed map,
to the Municipal Planning Commission, Centre Regional Planning Commission
and Centre County Planning Commission for review. The Planning Commissions
shall report their recommendation 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 governing
body. If, however, the planning agency fails to act within 45 days,
the governing body may proceed without its recommendations.
(2)
The county and adjacent municipalities may offer comments
and recommendations during said forty-five-day review period in accordance
with Section 408[1] to local authorities, park boards, environmental boards
and planning agencies, if requested by same during said forty-five-day
review period.
[1]
Editor's Note: See 53 P.S. § 10408.
(3)
Before voting on the enactment of the proposed ordinance
and Official Map, or part thereof or amendment thereto, the governing
body shall hold a public hearing pursuant to public notice.
(4)
Following adoption of the ordinance and Official Map,
or part thereof or amendment thereto, a copy of the same, verified
by the governing body, shall be submitted to the Recorder of Deeds
of the county in which the municipality is located and shall be recorded
within 60 days of the effective date. The fee for recording and indexing
ordinances and amendments shall be paid by the municipality enacting
the ordinance or amendment and shall be in the amount prescribed by
law for the recording of ordinances by the Recorder of Deeds.
B.
Effect of approved plans on Official Map. After adoption
of the Official Map, or part thereof, all streets, watercourses, and
public grounds and the elements listed in Section 401[2] on final, recorded plats, which have been approved as
provided by this chapter, shall be deemed amendments to the Official
Map. Notwithstanding any of the other terms of this chapter, no public
hearing need be held or notice given if the amendment of the Official
Map is the result of the addition of a plat which has been approved
as provided by this chapter.
[2]
Editor's Note: See 53 P.S. § 10401.
A.
Notice of violation. Whenever any person, partnership
or corporation shall have violated the terms of this chapter, the
Municipal Manager 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 chapter within seven days, or such additional period,
not to exceed 30 days, as the Manager shall deem reasonable, and further
the Manager 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 municipality
may correct the same and charge the landowner or other persons responsible
the cost thereof plus penalties as specified herein for failure to
comply. Such notice may 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.
Penalties for failure to comply. Any person or partnership
or corporation who fails to comply with this chapter within the period
stated in the notice of the Manager shall, upon conviction thereof,
be guilty of a summary offense and shall be sentenced to pay a penalty
of not more than $300. Each and every day of continued violation shall
constitute a separate violation.
(1)
In the event that the owner, developer, occupant,
applicant, property manager or other person responsible fails to comply
with the terms of this chapter within the time specified by the Manager,
the municipality may take any actions necessary to correct the violation.
The costs for correction of any violation shall be in addition to
any penalties for violations for failure to comply.
(2)
In addition to the fines for violations, costs, and
penalties provided for by this section, the municipality may institute
proceedings in courts by equity to prevent, restrain, correct or abate
such buildings, structure or land or to prevent, in or about such
premises, any act, conduct, business or use constituting a violation.
(3)
The cost for removal, fines and penalties hereinabove
mentioned may be entered by the municipality as a lien against such
property in accordance with existing provisions of law or may be collected
by action in assumpsit.
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.[1]
[1]
Editor's Note: See 53 P.S. § 11001-A.
