Where the Board of Supervisors finds that undue
hardships may result from the literal enforcement of this chapter
or when an alternative standard can be demonstrated to provide equal
or better results, it may grant a modification or waiver from the
regulations so that substantial justice may be done and the public
interest secured, provided that such variation will not have the effect
of nullifying the intent and purpose of the West Deer Township Comprehensive
Plan, this chapter or any other applicable ordinance. The conditions
of such modification or waiver are as follows:
A. All requests for a modification or waiver shall be
in writing and shall accompany and be a part of the application for
development. The request shall state in full the grounds and facts
of unreasonableness or hardship on which the request is based, the
provision or provisions of the chapter involved and the minimum modification
or waiver necessary.
B. The request for modification or waiver shall be referred
to the Planning Commission for advisory comments and recommendation.
C. The Board of Supervisors as the authorizing body shall
keep a written record of all action on all requests for modifications.
The standards and requirements of this chapter
are the minimum necessary to protect the health, safety and general
welfare of current and future Township residents. Where a higher standard
is in effect and such activity is under the jurisdiction of any county,
state or federal agency because of health or safety concerns, the
Board of Supervisors shall hold the development proposal to that higher
standard, although enforcement of such standards shall be the responsibility
of the agency with jurisdiction. The Board of Supervisors, following
the recommendations of the Planning Commission, shall require that
all land development proposals provide for adequate public space and
improvements, for adequate transportation circulation, recreation,
light, air and utility service needs when fully developed and populated
and which also provides such covenants and other legal provisions
as will assure conformity with all land use regulations in effect
at the time of approval and achievement of the development goals of
the plan.
A. Clustered subdivisions. The standards and requirements of this Subdivision and Land Development Ordinance may be modified by authority of and in accordance with Article
V of Act 247, the Pennsylvania Municipalities Planning Code, as amended by Act 170 of 1988. Modifications or waivers shall be granted only when there is no conflict with the regulations established by the West Deer Township Zoning Ordinance, as provided for in §
185-9.
B. Mobile home parks. See Article
XI. Provisions may be modified as per §
185-9.
C. Other land development. Plans for other types of land development not involving the process of subdivision, including but not limited to cottage and cabin sites, campgrounds, fairgrounds, industrial parks, shopping centers, educational campuses and institutional facilities and similar nonresidential development, shall be subject to review and recommendation by the Planning Commission and approval by the Board of Supervisors in compliance with §
185-16 and the appropriate provisions of ordinances cross-referenced herein, including the West Deer Township Zoning Ordinance and Comprehensive Plan. Prior to approval, evidence of compliance with the rules and regulations of all applicable state and county agencies will be required.
Waiver of preapplication conference sketch plan submission. The Planning Commission may waive the sketch plan submission requirement of §
185-14 upon favorable report by the staff that the initial formal plan submission is complete and in suitable form for processing.