Township of Chestnuthill, PA
Monroe County
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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.
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.
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:
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.
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.