When the property of which a 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 for the grant of a special
encroachment permit to so build. Before granting any special encroachment
permit authorized in this section, the Board may submit the application
for a special encroachment permit to the Lower Merion Township Planning
Commission and allow the Planning Commission 30 days to review and
comment on the special encroachment permit and shall give public notice
and hold a public hearing at which all parties in interest shall have
an opportunity to be heard.
The streets and public grounds shown on the Official Map shall
be deemed perpetually reserved for future taking or acquisition for
public use. However, the reservation for public grounds shall lapse
and become void after the 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 a Township building 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 one year from the date the property owner provided notice
or made formal application to the Township.
Lower Merion Township may designate any of its employees or
officers to negotiate with the owner of the land whereon reservations
are made, releases of claims for damages or compensation for such
reservations are required, or agreements indemnifying the Township
from such claims by others may be required. Any such releases or agreements
when properly executed by the Township and the owner, and recorded,
shall be binding upon any successor in title.