After adoption of the Halfmoon Township Official Map, or part thereof, all streets, watercourses and public grounds and the elements listed in §
35-1 on final, recorded plats which have been approved as provided by this chapter shall be deemed amendments to the Official Map. Notwithstanding any of the other terms of this chapter, 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 this chapter.
The adoption of any street, street lines or
other public lands pursuant to this chapter as part of the Halfmoon
Township 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 Halfmoon
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 Halfmoon Township.
For the purpose of preserving the integrity
of the Official Map of Halfmoon 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 Halfmoon Township
for the grant of a special encroachment permit to build. Before granting
any special encroachment permit authorized in this section, the Board
may submit the application for a special encroachment permit to the
Halfmoon 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 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 PMPC, Act 247, as amended.
The Board 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 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 shall have acquired the property or begun condemnation proceedings
to acquire such property before the end of the year.