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.[1] 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.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
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.
A. 
The standards and requirements of Article IV of this chapter may be waived in any of the following:
[Amended 3-18-2015 by Ord. No. 405]
(1) 
Adjustment of lot lines between lots where no new lots are created.
(2) 
Consolidation of lots.
(3) 
Survey corrections.
(4) 
Final survey of property lines for townhouses and other attached dwellings after construction when in conformance with a previously recorded plan.
B. 
The approval of the revised plat shall be granted by the Township Manager only after review and recommendation by the Township Engineer.
C. 
All lots must comply with the minimum requirements of the West Deer Township Zoning Ordinance.