[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.[1]
[1]
Editor's Note: Exhibits A and B are on file in the Township
offices.
A.
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.
B.
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.
A.
The Township may initiate surveys of property locations for the purposes
of taking action.
B.
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.
A.
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.
B.
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.
