Where, owing to special conditions, a literal
enforcement of the provisions of these regulations will result in
undue hardship because of peculiar conditions pertaining to the land,
the Board of Supervisors, on recommendation of the Planning Commission,
may make such reasonable modification thereto as will not be contrary
to the public interest and so that the spirit of these regulations
shall be observed and substantial justice done.
All requests for a modification of requirements
shall be submitted, in writing, by the applicant at the time the preliminary
plan or final plan is filed with the Planning Commission. The application
shall state in full the grounds and facts of reasonableness or hardship
upon which the request is based, the provision(s) of the ordinance
involved and the minimum modification necessary.
In granting any modification of requirements,
the Board of Supervisors shall record its action and the grounds for
granting any modification in its minutes. The Board of Supervisors
shall notify the applicant, in writing, of the approval within 15
working days of the date of the Board's decision.
Whenever a request for an alteration of requirements
is denied, the Board of Supervisors shall record its action and the
grounds for such denial in its minutes. The Board of Supervisors shall
notify the applicant, in writing, of its action and the grounds for
such denial of any modification within 15 working days of the date
of the Board's decision.
Persons aggrieved by the granting or denial
of a request from a modification of requirements may appeal the Board
of Supervisors' decision through the use of the appeals procedure
as outlined in the Pennsylvania Municipalities Planning Code, Act
247, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
