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. Before granting any special encroachment permit authorized in this section, the Board of Supervisors shall give public notice and hold a public hearing at which all parties in interest shall have an opportunity to be heard. Further, the Board of Supervisors shall submit the application for any special encroachment permit to the Hamiltonban Township Planning and Zoning Commission and allow said Commission 30 days prior to the public hearing to review and comment on the special encroachment permit.
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,[1] in accordance with § 256-19 of this chapter.