The Official Map for North Codorus Township, York County, Pennsylvania,
as prepared by RETTEW Associates, Inc., is hereby adopted as the municipality's
Official Map pursuant to Article IV of the Municipalities Planning Code (MPC).
After adoption of the Official Map, or part thereof, all streets, watercourses
and public grounds and the elements listed in Section 401 of the MPC on final,
recorded plats which have been approved as provided by the MPC shall be deemed
amendments to the Official Map.
The adoption of any street, street lines, proposed watercourses, public
grounds 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
the Township to improve or maintain any such street or land.
For the purposes of preserving the integrity of the Official Map of
North Codorus 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. 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, 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 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 special encroachment permit to the North Codorus
Township Planning Commission and allow the Planning Commission 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 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 provided in Article
IX of 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. 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
or 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 one-year period.
The words and phrases used in this chapter shall have the meanings given
to them in Section 107 of the MPC unless the context clearly indicates otherwise.