[HISTORY: Adopted by the Board of Commissioners of the Township of Spring Garden 12-14-2016 by Ord. No. 2016-07. Amendments noted where applicable.]
The Township hereby adopts as the Official Map of the Township of Spring Garden that certain map designated as "Official Map of the Township of Spring Garden, York County, Pennsylvania," dated October 12, 2016, attached hereto, incorporated herein and marked Exhibit A and the Spring Garden Township Official Map Narrative, attached hereto, incorporated herein and marked Exhibit B.
Editor's Note: Exhibits A and B are on file in the Township offices.
The aforesaid Official Map depicts and describes Township property and property rights, both present and proposed, including, but not limited to, Township open space reservations; Township public grounds; Township roadways and intersections, and open space and parkland.
The property depicted as proposed Township property, including ground proposed for future public grounds, roadway, intersection, and other future improvements, open space and parkland, and historic resources and property, shall be reserved for future taking or acquisition for public use.
The Township may initiate surveys of property locations for the purposes of taking action.
Whenever lands and/or right-of-way and/or easements are to be acquired pursuant to the Official Map, boundary descriptions by metes and bounds descriptions shall be sealed and made by a licensed surveyor.
The Township directs that upon adoption of this chapter, a copy of the Official Map, verified by the Board of Commissioners, shall be submitted to the Recorder of Deeds of the County of York to be recorded within 60 days of the effective date hereof.
After adoption of the Official Map, all streets, watercourses, and public grounds and the elements listed in Section 401 of the Pennsylvania Municipalities Planning Code on final, recorded plats which have been approved as provided by the Pennsylvania Municipalities Planning Code 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.
For the purposes of preserving the integrity of the Spring Garden 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, except as noted below. 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 Commissioners for the grant of a special encroachment permit to so build. Before granting any special encroachment permit authorized in this section, the Board of Commissioners may submit the application for a special encroachment permit to the Spring Garden Township Planning Commission and allow the Planning Commission 30 days to review and comment on the special encroachment permit and shall give public notice, as defined in the Pennsylvania Municipalities Planning Code, and hold a public hearing at which all parties in interest shall have an opportunity to be heard.
A refusal by the Board of Commissioners to grant the special encroachment permit may be appealed by the applicant before the Zoning Hearing Board in the same manner, and within the same time limitations as is provided in Article IX of the Pennsylvania Municipalities Planning Code.
The Board of Commissioners 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 streets, watercourses and public grounds shall lapse and become void one year after an owner of such property has submitted a written notice to the Board of Commissioners 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 Commissioners shall have acquired the property or begun condemnation proceedings to acquire such property before the end of the year. Any written notice provided to the Board of Commissioners shall specifically state that it is being provided pursuant to this chapter thereby triggering the one-year time frame set forth above.