[HISTORY: Adopted by the Board of Supervisors of the Township
of Lower Windsor 10-11-2012 by Ord. No. 2012-06. Amendments noted where applicable.]
The Township hereby adopts as the "Official Map" and "Official
Map Project Narrative" of the Township of Lower Windsor all that certain
map thereto designated as "Official Map of the Township of Lower Windsor,
York County, Pennsylvania" dated May 7, 2003 (Revised July 22, 2003,
August 26, 2003 and September 30, 2003), and "Official Map Project
Narrative" dated May 7, 2003 (Revised July 22, 2003, August 26, 2003
and September 30, 2003), prepared by C.S. Davidson, Inc., Consulting
Engineers.
The aforesaid Official Map and Official Map Project Narrative
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, farmland preserved through voluntary acquisition of
conservation easements, open space and parkland, and historic and
cultural resources and property.
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 property depicted for farmland preservation through
purchase of agricultural conservation easements is not so reserved
and is shown for identification purposes only. Acquisition of agricultural
conservation easements shall be by voluntary offer by the property
owner only.
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 and Official Map Project Narrative,
boundary descriptions by metes and bounds descriptions shall be made
be a licensed surveyor.
The Township directs that upon adoption of this chapter, a copy
of the "Official Map" and "Official Map Project Narrative" verified
by the Board of Supervisors, 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 and Official Map Project
Narrative, or part thereof, all streets, watercourses, and public grounds and the elements
listed in Section 401 of the Pennsylvania Municipalities Planning
Code[1] on final, recorded plats which have been approved as provided
by this Act shall be deemed amendments to the Official Map and Official
Map Project Narrative. 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 and Official Map Project Narrative
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 Lower Windsor
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 and Official Map Project Narrative, 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 Official Map Project Narrative, and
any such building or improvement shall be removed at the expense of
the owner. Permits will be issued for properties identified as historic
resources worthy of preservation so long as the requirements of all
other applicable Township ordinances are met and the proposed work
does not materially alter the historic structure, resource, or property.
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 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
Lower Windsor 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.
B.
A refusal by the Board of Supervisors 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[1] of the Pennsylvania Municipalities Planning Code.
[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 and Official Map
Project Narrative 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.
All ordinances and parts inconsistent herewith are hereby repealed.
