[Amended 5-2-2000 by Ord. No. 6-00]
If any portion of this chapter is shown by the
developer to be unreasonable in its application, or that the literal
enforcement of any of the provisions of this chapter will exact undue
hardship not of the developer's own making because of peculiar conditions
pertaining to the land in question, the Township Council may grant
a modification from the literal requirements of such provision, provided
that such modification will not be contrary to the public interest,
that justice will be done and that the purpose and intent of this
chapter is observed.
A.
Any request for a modification shall be in writing
and shall accompany and be a part of the application for development
or the submission of the plan, preliminary and/or final, to which
it refers. The request shall state in full the grounds and facts of
unreasonableness or hardship on which the request is based, the provision(s)
of this chapter involved and the minimum modification necessary.
B.
All proposals for modifications from the provisions
of this chapter shall be reviewed by and a recommendation shall be
made by the Planning Commission.
C.
All proposals for modifications from the provisions
of this chapter shall be reviewed by and shall have effect only when
approved by the Township Council.
D.
A record of the action on all modifications from the
provisions of this chapter shall appear in the official minutes of
the Planning Commission and of the Township Council.
E.
A fee, payable to the Township, in the amount of $150
must accompany the written modification request. Any necessary costs
over and above this amount that are incurred by the Township to process
and hear the modification request (i.e., potential stenographic records)
shall be payable by the applicant. This fee is subject to change at
the annual reorganization meeting of the Township Council.
