For the purposes of preserving the integrity
of the Chestnuthill Township Official Map, no permit shall be issued
for any building within the lines of any street 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 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.
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. 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 Chestnuthill 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.
B.
Appeal. A refusal by the Board of Supervisors to grant the special encroachment permit may be appealed by the applicant to 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 in accordance with § 72-19 of this chapter.
The Board of Supervisors shall fix the time
for which streets and public grounds shown on the Official Map shall
be deemed reserved for future taking or acquisition for public use.
The reservation for public grounds 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:
A.
Driveways; buildings; zoning changes of use. The reservation
period for any action which requires a driveway permit, building/zoning
permit, and/or a zoning change of use permit shall be 90 days.
B.
Subdivisions, land developments, conditional uses; special exceptions; others. The reservation period for any action which requires approval under the Township Subdivision and Land Development Ordinance, zoning conditional use approval, zoning special exception approval, or any permit or approval not listed in Subsection A shall be 180 days.
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 Chestnuthill Township to improve or maintain
any such street or land. The adoption of proposed public grounds 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 Chestnuthill
Township.
Chestnuthill 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 Chestnuthill
Township from such claims by others may be required. Any such releases
or agreements when properly executed by Chestnuthill Township and
the owner, and recorded, shall be binding upon any successor in title.
