A.
In any particular case where the developer can show
by plan and written statement that, by reason of exceptional topographic
or other physical conditions, strict compliance with any requirement
of this Subdivision and Land Development Ordinance would cause practical
difficulty or exceptional and undue hardship, Borough Council may
relax such requirements to the extent deemed just and proper, so as
to relieve such difficulty or hardship, provided that such relief
may be granted without detriment to the public good and without impairing
the intent and purpose of this Subdivision and Land Development Ordinance
or the desirable general development of the neighborhood and the community.
B.
Borough Council shall have the authority to consider
modifications in cases of physical hardship only in the case of requirements
of this Subdivision and Land Development Ordinance which do not involve
zoning regulations. Relief from any provision of the Zoning Ordinance
shall be within the sole discretion of the Zoning Hearing Board.
When, an equal or better specification is available
to comply with the construction standards or the design standards
of this Subdivision and Land Development Ordinance, Borough Council
may make such reasonable modifications to such requirements of this
Subdivision and Land Development Ordinance to allow the use of the
equal or better specification, upon recommendation of the Borough
Engineer, provided such modification will not be contrary to the public
interest. In approving such modification, Borough Council may attach
any reasonable conditions that may be necessary to assure adequate
public improvements and protect the public safety.
A.
Any request for a modification to any requirement
of this Subdivision and Land Development Ordinance authorized by this
article shall be submitted in writing by the applicant as part of
the application for approval of a preliminary or final application,
stating the specific requirements of this chapter which are to be
modified and the reasons and justification for the request.
B.
The request for a modification to this Subdivision
and Land Development Ordinance shall be considered by Borough Council
at a public meeting. If warranted, Borough Council may hold a public
hearing pursuant to public notice prior to making a decision on the
request for a modification.
C.
If the Planning Commission has not made a recommendation
on the request for modification, Borough Council shall refer the request
to the Planning Commission for a recommendation. In all cases, the
Planning Commission recommendation shall be entered into the official
record of the meeting.
D.
The reasons relied upon by Borough Council in approving
or disapproving the request also shall be entered into the minutes
of the meeting and any resolution or ordinance adopted governing an
application which contains a request for a modification shall include
specific reference to the modification and the reasons for approval
or disapproval.
E.
If a modification is granted by Borough Council, a
notation shall be placed on the final subdivision plat for recording
or the land development plan granted final approval which indicates
the nature of the modification granted and the date of approval of
the modification by Borough Council.
