Effective date of amendments. Amendments to
this chapter shall become effective only after a public hearing held
pursuant to public notice in the manner prescribed for enactment of
a subdivision and land development ordinance by the MPC. In addition,
in case of an amendment other than that prepared by the Planning Commission,
the Board of Commissioners shall submit each such amendment to the
Planning Commission and to the LVPC for recommendation at least 30
days prior to the date fixed for the public hearing on such proposed
amendment.
The decisions of the Board of Commissioners
with respect to the approval or disapproval of a land development
plan may be appealed directly to the Court of Common Pleas as is provided
for in the MPC.
A.
Approval of waiver requests. The Board of Commissioners
may grant a waiver to modify the requirements of one or more provisions
of this chapter if the literal enforcement will impose unreasonable
requirements or exact undue hardship upon the developer because of
peculiar conditions pertaining to the land in questions; provided,
however, that such modifications will not be contrary to the public
interest and that the purpose and intent of this chapter is observed.
B.
Requests to be in writing. All requests for waivers
shall be in writing and shall accompany and be a part of the preliminary
plan application. The waiver requests shall state in full the grounds
on which the waiver is based, and provision or provisions of the ordinance
involved, and the minimum modifications necessary.
C.
Recommendations of Planning Commission. The Board
of Commissioners, in considering requests for waivers, shall consider
the recommendations of the Planning Commission and the Township Engineer.
D.
Record of waiver requests. The Board of Commissioners
shall keep a written record of all requests for waivers.
