The Murrysville Council may grant a modification of the requirements of one or more provisions of this chapter if the literal enforcement will exact undue hardship because of particular conditions pertaining to the land in question.
When an equal or better specification is available to comply with the infrastructure improvement and development specifications or the design standards of this chapter, Murrysville Council may make such reasonable modifications to such requirements of this chapter to allow the use of the equal or better specification, upon favorable recommendation of the Municipal Engineer, provided such modification will not be contrary to the public interest. In approving such modification, Council may attach any reasonable conditions which may be necessary to assure adequate public improvements and protect the public safety.
Any request for a modification to any requirement of this chapter 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.
The request for a modification to this chapter shall be considered by Murrysville Council at a public meeting. If warranted, the Council may hold a public hearing pursuant to public notice prior to making a decision on the request for a modification.
If the Planning Commission or Municipal Engineer has not made a recommendation on the request for modification, Council shall refer the request to the Planning Commission and/or Municipal Engineer for a recommendation prior to taking action on the request. In all cases, the Planning Commission recommendation and Municipal Engineer's recommendation shall be entered into the official record of the meeting.
The reasons relied upon by 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.
If a modification is granted by 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 Council.