[HISTORY: Adopted by the Board of Supervisors of the Township of North Codorus 2-17-2015 by Ord. No. 266-02-2015. Amendments noted where applicable.]
This chapter shall be known as "the North Codorus Township Official Map Ordinance." The Official Map is enacted to serve the purposes authorized for an Official Map in the Pennsylvania Municipalities Planning Code, as amended (hereafter known as the "MPC"), which are hereby included by reference.
Editor's Note: See 53 P.S. § 10101 et seq.
The attached map, entitled "North Codorus Township Official Map," dated July 10, 2014, is hereby adopted as the Official Map for North Codorus Township.
If a term is not defined by this chapter or by the Pennsylvania Municipalities Planning Code (MPC), and is defined by the Zoning Ordinance, then the Zoning Ordinance definition shall also apply to this chapter.
The Official Map may include any of the following elements:
Existing and proposed public streets, watercourses and public grounds, including widenings, narrowings, extensions, diminutions, openings or closing of same.
Existing and proposed public parks, playgrounds and open space reservations.
Pedestrian ways and easements.
Railroad and transit rights-of-way and easements.
Flood control basins, floodways and floodplains, stormwater management areas and drainage easements.
Support facilities, easements and other properties held by public bodies undertaking the elements described in Section 301 of the MPC.
For the purposes of taking action under this section, the Board of Supervisors or its authorized designee may make or cause to be made surveys and maps to identify, for the regulatory purposes of this chapter, the location of property, trafficway alignment or utility easement by use of property records, aerial photography, photogrammetric mapping or other method sufficient for identification, description and publication of the map components. For acquisition of lands and easements, boundary descriptions by metes and bounds shall be made and sealed by a licensed surveyor.
After adoption of the Official Map, or part thereof, all streets, watercourses and public grounds and the elements listed in Subsection A on final, recorded plats which have been granted final subdivision and/or land development approval shall be deemed amendments to the Official Map. Notwithstanding any of the other terms of the MPC, no public hearing need be held or 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 the MPC.
The adoption of any street, street lines or other public lands pursuant to Article IV of the MPC 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 the Township to improve or maintain any such street or land.
The adoption of proposed watercourses or public grounds as part of the Official Map shall not, in and of itself, constitute or be deemed to constitute a taking or acceptance of any land by the Township.
For the purpose of preserving the integrity of the Official Map of the Township, no permit shall be issued for any building within the lines of any street, watercourse or public ground shown or laid out on the Official Map, unless or until there is compliance with this chapter. No person shall recover any damages for the taking for public use of 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 during the time of applicability of the Official Map to that property, and any such building or improvement unlawfully constructed or placed in violation of the Official Map 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 the Board of Supervisors for the grant of a special encroachment permit to 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 Township Planning Commission for up to 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.
Appeals. A refusal by the Board of Supervisors to grant the special encroachment permit 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 MPC. A decision by the Zoning Hearing Board regarding the Official Map may be appealed to the County Court of Common Pleas, pursuant to Article X-A of the MPC, following the same process as an appeal would be heard on a zoning matter, unless stated otherwise in the MPC.
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, consistent with the time frames in the MPC and the following provision:
However, the reservation for public grounds, streets, watercourses and other improvements shown on the Official Map 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/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 Supervisors shall have acquired the property or begun condemnation proceedings to acquire such property before the end of the year.
Such written notice shall be addressed to the Board of Supervisors and shall be hand-delivered to or sent by United States Mail to the Township Building.
The Board of Supervisors may designate any of its agencies to negotiate with the owner of land under the following circumstances:
Any releases or agreements, when properly executed by the Board of Supervisors and the owner and recorded, shall be binding upon any successor in title.
Prior to the adoption of the Official Map or part thereof, or any amendments to the Official Map, the Board of Supervisors shall refer the proposed Official Map, or part thereof or amendment thereto, with an accompanying ordinance describing the proposed map, to the Township Planning Commission for their review.
The Planning Commission shall report its recommendations on said proposed Official Map and accompanying ordinance, part thereof, or amendment thereto within 45 days unless an extension of time shall be agreed to by the Board of Supervisors. If, however, the Planning Commission fails to act within 45 days, the Board of Supervisors may proceed without its recommendations.
The York County Planning Commission and adjacent municipalities may offer comments and recommendations during said forty-five-day review period. Local authorities, park boards, environmental boards and similar public bodies may also offer comments and recommendations to the Board of Supervisors if requested by same during said forty-five-day review period.
Before voting on the enactment of the proposed ordinance and Official Map, or part thereof or amendment thereto, the Board of Supervisors shall hold a public hearing pursuant to public notice (as defined by the MPC).
When North Codorus Township proposes to adopt an Official Map, or any amendment thereto, a copy of the Map and the proposed ordinance adopting it, or any amendment thereto, shall be forwarded for review to the York County Planning Commission at the same time it is submitted for review to the Township Planning Commission.
Any comments of the York County Planning Commission shall be made to the Township within 45 days, and the proposed action shall not be taken until such comments are received. If, however, the York County Planning Commission fails to act within 45 days, the Board of Supervisors may proceed without its comments.
Following adoption of the ordinance and Official Map, or part thereof or amendment thereto, a copy of same, verified by the Board of Supervisors, shall be submitted to the recorder of deeds of York County and shall be recorded within 60 days of the effective date. The fee for recording and indexing the ordinance and any amendments shall be paid by the Township.
If North Codorus Township proposes to adopt an Official Map, or amendment thereto, that shows any street or public lands intended to lead into any adjacent municipality, a copy of said Official Map or amendment shall be forwarded to such adjacent municipality for review and comment by the governing body and Planning Commission of the adjacent municipality.
Any comments of the adjacent municipality shall be made to the Board of Supervisors of North Cordorus Township within 45 days, and the proposed action shall not be taken until such comments are received. If, however, the adjacent municipality fails to act within 45 days, the Board of Supervisors of North Codorus Township may proceed without its comments.
The Township shall send a certified copy of the Map, the ordinance adopting it and any later amendments, within 30 days after adoption, to the York County Planning Commission.
Additionally, if North Codorus Township adopts an Official Map, or amendment thereto, that shows any street or public lands intended to lead into any adjacent municipality, a certified copy of said Official Map or amendment shall be forwarded to such adjacent municipality.
The Official Map is not intended to designate which existing roads are public and which existing roads are private.
All of the enforcement, violations and penalty provisions of the MPC, as amended, are hereby incorporated into this chapter by reference. (Note: As of the adoption date of this chapter, these provisions were primarily in Sections 616.1, 617 and 617.2 of such Act.)
Violations. Any person who shall commit, or who shall permit, any of the following actions shall be considered to be in violation of this chapter:
Enforcement notice. If the Township has reason to believe that a violation of a provision of this chapter has occurred, the Township shall initiate enforcement proceedings by sending an enforcement notice. An official enforcement notice shall state the deadline to bring the property into compliance with this chapter, and shall state that the applicant has 30 days from the receipt of the notice to appeal to the Board of Supervisors.
The Board of Supervisors may grant an appeal if the applicant proves an exception or modification of the requirement is needed to avoid a significant unnecessary hardship which was not self-created by the entity requesting the appeal.
Enforcement, penalties and remedies. The causes of action and enforcement remedies provisions of the MPC, as amended, are hereby incorporated by reference. (Note: As of the adoption date of this chapter, such provisions were primarily in Section 617 and 617.2 of such law.)
Violations and penalties. Any person, partnership, corporation or other entity who has violated or permitted the violation of the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $500 plus all court costs, including the reasonable attorney's fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or be payable until the date of the determination of a violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure.
Each day that a violation continues shall constitute a separate violation, unless a Magisterial District Judge determining that there has been a violation further determines that there was a good faith basis for the person violating this chapter to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the Magisterial District Judge, and thereafter each day that a violation continues shall constitute a separate violation.
All judgments, costs and reasonable attorney's fees collected for the violation of this chapter shall be paid over to the Township for the general use of the Township. Imprisonment is not authorized under this chapter.
Remedies. In case any building, structure, improvement or other activity regulated by this chapter is placed, located or occurs in violation of this chapter, then, in addition to any other remedies provided by law, the Board of Supervisors may institute any appropriate action or proceeding to prevent, restrain, correct or abate such violation.