A.
Generally. 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.
B.
Form of application. The application for a special encroachment permit
shall be submitted in such written form as the Board of Supervisors
shall adopt or prescribe, and must be accompanied by the fee therefor
required under resolution(s) adopted by the Board of Supervisors.
The applicant shall submit an application for a special encroachment
permit to the Township's Department of Planning and Development.
An applicant shall provide all documents and information required
by the application and under this chapter or any other ordinance.
C.
Planning Advisory Commission review and comment. The Supervisors
may submit the application to the Planning Commission for review and
comment at least 30 days before the public hearing.
D.
Public hearing. The Supervisors shall hold a public hearing, notice
for which shall be given as follows:
E.
Action.
(1)
If the Supervisors determine that the application for a special encroachment
permit demonstrates that 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 Supervisors shall direct the Zoning
Officer to issue a zoning approval as a special encroachment permit
subject to compliance with all other applicable requirements of this
chapter and the Code. If the Supervisors determine that the application
for a special encroachment permit does not demonstrate that 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 Supervisors
shall deny a special encroachment permit.
(2)
Decisions of the Board of Supervisors denying an application shall
be in writing and shall state the Board's findings of fact and
reasons.
A.
A refusal by the Board of Supervisors to grant the special encroachment
permit may be appealed by the applicant to the Zoning Hearing Board.
B.
Time for appeal. Such appeal shall be made within 30 days from the
date the written notice of the Supervisors' decision is sent
to the applicant by the Zoning Officer.
C.
Appeals and applications to the Zoning Hearing Board shall be submitted
to the Zoning Office on such forms as are adopted for use by the Board
of Supervisors, which may require such additional information as said
Board deems appropriate.
D.
The Zoning Hearing Board shall fix a reasonable time for a public
hearing to consider the appeal in accordance with Section 908 of the
Municipalities Planning Code, 53 P.S. § 10908, and give
public notice thereof, as well as due notice to the parties in interest,
and decide the same within 45 days after the public hearing is concluded.
If no decision is made within 45 days after the public hearing is
concluded, it shall be deemed to have been rendered in favor of the
applicant unless the applicant has agreed, in writing or on the record,
to an extension of time.
