A.
The governing body 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 chapter involved and the minimum modification necessary.
C.
The request for modification may be referred to the
Planning Commission for advisory comments.
D.
The governing body shall keep a written record of
all action on all requests for modifications.
The standards and requirements of this chapter
may be modified by the Borough Council in the case of plans for complete
communities or neighborhood units or other large-scale developments
of 10 acres or more which, in the judgment of the Borough Council,
achieve substantially the objectives of the regulations contained
herein and which are further protected by such covenants or other
legal provisions as will assure conformity to and achievement of the
plan.
Any subdivider aggrieved by a finding or decision
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 or decision.
A.
Requests for modifications shall be submitted in writing
by the subdivider at the time the preliminary plan is filed with the
Commission. The application shall state fully the grounds and all
the facts relied upon by the applicant.
B.
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.
In authorizing a modification, the governing
body 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.
Any landowner, applicant or other aggrieved
party questioning the validity of this chapter or any part 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, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10901
et seq.
