When the official map shows or lays out public lands and/or facilities upon property and said property cannot yield a reasonable return to the owner unless a permit is granted, the owner may apply to the Board of Supervisors for the grant of a special encroachment permit to build the proposed building, improvement and/or structure. Before granting any special encroachment permit, the Board shall submit the application to the Township Planning Commission. The Planning Commission shall have 30 days in which to hold a public hearing, pursuant to public notice, for the review and issuance of comments upon the application. All interested parties shall have an opportunity to be heard at this hearing. After 30 days have elapsed from the submission of the application to the Planning Commission or upon receipt of the Planning Commission’s review and comments regarding the application, whichever is sooner, the Board shall take a vote, at a public meeting, upon the application. If the Board refuses to grant the special encroachment permit, this refusal may be appealed to the Township Zoning Hearing Board in conformance with the applicable provisions of Article IX of the Pennsylvania Municipalities Planning Code, 53 P.S. §§ 10401 et seq.
(Ord. 160, passed 3-9-2005)