A.
Permit. For the purposes of preserving the integrity of the Coolbaugh
Township Official Map, no permit shall be issued for any building
within the lines of any public street or public ground shown on the
Official Map or any land identified for acquisition/easement on the
Official Map except in accord with this chapter. The applicant may:
B.
Damages. No person shall recover any damages for the taking for public
use of any building or improvements constructed within the lines of
any public street or public ground or land identified for acquisition/easement
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.
Application. 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.
B.
Planning Commission review. 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 Coolbaugh
Township Planning Commission and/or the Monroe County Planning Commission
and allow each Planning Commission 30 days to review and comment on
the special encroachment permit.
C.
Public hearing. The Board of Supervisors shall give public notice
and hold a public hearing within 60 days of the filing of a complete
application at which all parties in interest shall have an opportunity
to be heard.
E.
Issued permit. If the special encroachment permit is issued by the Board of Supervisors, the property shall remain on the Official Map and the time limitations in § 275-10A shall not apply.
F.
Refusal; appeal. 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 of the Pennsylvania Municipalities
Planning Code, as amended,[2] and § 275-20 of this chapter.
[2]
Editor's Note: See 53 P.S. § 10901 et seq.
A.
Time limitations on reservations. The Board of Supervisors shall
fix the time for which land identified for acquisition/easement as
shown on the Official Map shall be deemed reserved for future taking
or acquisition/easement for public purposes. The reservation shall
lapse and become void after the 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 a Township building 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 following time periods as measured
from the date the property owner provided notice or made formal application
to the Township:
(1)
Accessory uses. The reservation period for any action which requires a building/zoning permit which is for an accessory use as defined by Chapter 400, Zoning, of the Code of the Township of Coolbaugh shall be 60 days.
(2)
Driveways; buildings; zoning changes of use; sewage. The reservation
period for any action which requires a driveway permit, building/zoning
permit which is not for an accessory use, a zoning change of use permit
and/or a sewage permit shall be 90 days.
(3)
Subdivisions, land developments, conditional uses; special exceptions; others. The reservation period for any action which requires approval under Chapter 355, Subdivision and Land Development, of the Code of the Township of Coolbaugh, zoning conditional use approval, zoning special exception approval, or any permit or approval not listed in Subsection A(1) or (2) of this section shall be 180 days.
(4)
Unspecified development. The reservation period for any action which
is not specifically identified by the landowner shall be 180 days.
B.
Early action. The Board of Supervisors may, in any case, take action
to acquire the land or notify the landowner that the Township will
not acquire the land at any time before the expiration of the above
time periods.
The adoption of any street, street lines, or other public lands
or easements 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 Coolbaugh Township to improve or maintain any such street
or land. The adoption of land identified for acquisition/easement
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
Coolbaugh Township.
