Township of Manheim, PA Effects of Controls

For the purpose of preserving the integrity of the Official Map, no permits shall be issued for any building within the lines of any street, open space, pathways, greenways, watercourses, or bus shelters as shown or laid out on the Official Map. No person shall recover any damages for the taking for public use or 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 Manheim Township Board of Commissioners for the grant of special consideration to so build. Before granting any special consideration authorized in this section, the Board of Commissioners may refer the request to the Manheim Township Planning Commission 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 Board of Commissioners to grant the special consideration 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 and in accordance with Article V of this chapter.

The Board of Commissioners may fix the time for which streets, open space, pathways, greenways, watercourses, bus shelters or public grounds 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 a property owner of such property has submitted a written notice to the Board of Commissioners announcing his/her 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.

The adoption of any street, street lines, nonmotorized path 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 Manheim Township to improve or maintain any such street or land. The adoption of proposed streets improvements, open space, pathways, greenways, watercourses, bus shelters or public grounds as part of the Official Map shall not, in and of itself, constitute or be deemed to constitute a taking or an acceptance of any land by Manheim Township.