The Township Board of Supervisors may grant a modification of
these chapter requirements if it has been satisfactorily proven that
these regulations are unreasonable, will cause extraordinary and undue
hardships from strict compliance or literal enforcement due to peculiar
conditions of the land in question, or when an alternative standard
can be demonstrated to provide equal or better results. Modifications
may be granted by the Board of Supervisors so that substantial justice
may be done and the public interest secured, provided that such modification
or variation will not have the effect of nullifying the intent and
purpose of the Comprehensive Plan or these chapter requirements.
It is hereby declared to be the legislative intent that:
A. If a court of competent jurisdiction declares any provision of this
chapter to be invalid or ineffective, in whole or in part, the effect
of such decision shall be limited to those provisions which are expressly
stated in the decision to be invalid or ineffective, and all other
provisions of this chapter shall continue to be separately and fully
effective.
B. If a court of competent jurisdiction finds the application of any
provision or provisions of this chapter to any lot, building or other
structure or tract of land to be invalid or ineffective, in whole
or in part, the effect of such decision shall be limited to the person,
property or situation immediately involved in the controversy, and
the application of any such provisions to other persons, property
or situations shall not be affected.