[HISTORY: Adopted by the Board of Supervisors of the Township
of White 5-25-2016 by Ord. No.
1074.[1] Amendments noted where applicable.]
The Township hereby adopts the Official Map of the Township
of White all that certain Map thereto designated as the "White Township
Official Map," dated May 25, 2016.
The property depicted as proposed Township property, including
roadway improvement and transportation corridors, may be reserved
for future taking or acquisition for public use.
For acquisition of lands and/or rights-of-way pursuant to the
Official Map, boundary descriptions by metes and bounds descriptions
shall be made and sealed by a licensed surveyor.
The Township directs that upon adoption of this chapter, a copy
of the Official Map, verified by the Board of Supervisors, shall be
submitted to the Recorder of Deeds of the County of Indiana to be
recorded within 60 days of the effective date hereof.
The adoption 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 White Township to improve or maintain any such street
or land.
After adoption of the Official Map, or part thereof, all streets,
watercourses, and public grounds and the elements listed in § 401
of the Pennsylvania Municipalities Planning Code[1] 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 needs to
be held or public 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.
[1]
Editor's Note: See 53 P.S. § 10401.
For the purposes of preserving the integrity of the White Township
Official Map, no permit shall be issued for any building within the
lines of any street 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 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.
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 for the
grant of a special encroachment permit to so build. Before granting
any special encroachment permit authorized in this section, the Board
of Supervisors may submit the application for a special encroachment
permit to the White Township Planning Commission and allow the Planning
Commission 30 days to review and comment on the special encroachment
permit 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
may be appealed by the applicant in the same manner, and within the
same time limitations as is provided in the Article IX of the Pennsylvania
Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10901 et seq.
The Board of Supervisors may fix the time for which streets,
watercourses and public grounds on the Official Map shall be deemed
reserved for future taking or acquisition for public use. However,
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 Board of Supervisors 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 Board of Supervisors shall have acquired the
property or begun condemnation proceedings to acquire such property
before the end of the year.
