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 Brecknock Township to improve or maintain any such street or land. The adoption of proposed public grounds or other land identified for acquisition or easement 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 Brecknock Township.
No permit shall be issued for any building within the lines of any public street or public ground shown on the Official Map or any land identified for acquisition or easement on the Official Map except in accordance with this chapter, as amended. No person shall recover any damages for the taking for public use of any building or improvements constructed within the lines of any public street or public ground or land identified for acquisition or easement after the same shall have been included in the Official Map. 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 is 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 refer the application for a special encroachment permit to the Brecknock Township Planning Commission and allow the Planning Commission 30 days in which to review and comment on the special encroachment permit. The Township shall give public notice of the Board of Supervisors' public hearing, at which all interested parties 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 for in Article VII of this chapter and in Article IX of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10901 et seq.
By this chapter, the Board of Supervisors has not fixed a specific time for which streets and public grounds, identified for acquisition or easement, as shown on the Official Map, shall be deemed reserved for future acquisition or easement for public use. However, the reservation for public grounds shall lapse and become void one year after an owner of such property has submitted a written notice to the governing body announcing his or her intentions to build, subdivide or otherwise develop the land covered by the reservation, or has made formal application for an official permit to build a structure for private use, unless the governing body shall have acquired the property or begun condemnation proceedings to acquire such property before the end of the one year.
A. 
Brecknock Township may negotiate with the owner of land whereon reservations are made, where releases of claims for damages or compensation for such reservations are required, or where agreements indemnifying the Board of Supervisors from claims by others may be required.
B. 
Any releases or agreements, when properly executed by the Board of Supervisors and the owner, and recorded, shall be binding upon successors in title.