[Amended 1-14-1991 by Ord. No. 1-91]
A. 
The Borough Council may grant a modification of the requirements of one or more provisions if the literal enforcement will exact undue hardship because of peculiar conditions pertaining to the land in question, provided that such modification will not be contrary to the public interest and that the purpose and intent of the chapter is observed.
B. 
All requests for a modification 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 ordinance involved and the minimum modification necessary.
C. 
The Borough Council shall keep a written record of all action on all requests for modifications.
In the case of plans for planned residential developments containing a land area of over five acres, the standards and requirements of these regulations may be modified by the Planning Commission according to the specifications of the P District of the Jersey Shore Borough Zoning Ordinance (Chapter 300),[1] and the modification:
A. 
Achieves substantially the objectives of this chapter.
B. 
Is further protected by covenants or other legal provisions as will assure conformity to and achievement of the plan.
C. 
Contains reserved areas of sufficient size to serve its population with recreation and other public facilities.
D. 
Is provided with public water and public sewerage facilities.
E. 
Is designed to provide a more creative approach to the use of land and the related physical development.
[1]
Editor's Note: A new Zoning Ordinance was adopted 6-28-2010 by Ord. No. 06.28.2010; Chapter 300, Zoning, no longer appears to include specific P District regulations.
The minimum lot frontage of any lot shall be measured along the minimum building setback line as required for the district where located. The frontage shall equal not less than 1/3 of the lot depth in R Zones, except for lots of record. The minimum lot frontage is 40 feet in all R and S Zones.
At all street intersections no obstruction to vision (other than an existing building, post, column, fence or tree) exceeding 24 inches in height above the established grade of the street at the property line shall be erected or maintained on any lot within the triangle formed by the street lot lines of such lot and a line drawn between points along such street lot lines 30 feet distant from their points of intersection.
[Amended 1-14-1991 by Ord. No. 1-91]
Any subdivider aggrieved by a finding, decision or recommendation of the Borough Council may request and receive opportunity to appear before the Borough Council, present additional relevant information, and request reconsideration of the original findings, decision or recommendations. Applications for reconsideration shall be submitted in writing by the subdivider not less than 10 calendar days in advance of the meeting at which reconsideration is desired.
[Amended 1-14-1991 by Ord. No. 1-91]
Requests for modifications shall be submitted in writing by the subdivider/developer at the time the preliminary application is filed with the Borough Council. The application shall state fully the grounds and all the facts relied upon by the applicant.
[Added 1-14-1991 by Ord. No. 1-91]
In authorizing a modification, the Borough Council shall record its actions and the grounds for authorizing the modification in its minutes. A statement showing the date that such modification was authorized shall be affixed to the final plan.
[Added 1-14-1991 by Ord. No. 1-91]
Any landowner, applicant or other aggrieved party questioning the validity of this chapter or any article hereof, including procedural matters or any decision made hereunder, may undertake an appeal in accordance with the procedures set forth in Article IX of the Pennsylvania Municipalities Planning Code, Act 247,[1] as amended.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.