This article shall apply to all applications submitted for approval under this chapter. The applicant may submit a request for modification to any of the provisions of this chapter for consideration in accordance with the provisions of this article. In no case shall any provision of Chapter 245, Zoning, of the Code of the Township of South Strabane be considered for modification under the terms of this article. Relief from any requirement of Chapter 245, Zoning, of the Code of the Township of South Strabane can be obtained only through granting of a variance by the Zoning Hearing Board, in its sole discretion.
A.
In any particular case where the developer can show, by plan and
written statement, that, by reason of exceptional topographic or other
physical conditions, strict compliance with any design requirement
of this chapter would cause practical difficulty or exceptional and
undue hardship, the Board of Supervisors may relax such requirements
to the extent deemed just and proper, so as to relieve such difficulty
or hardship, provided that such relief may be granted without detriment
to the public good and without impairing the intent and purpose of
this chapter of the desirable general development of the neighborhood
and the community.
B.
In granting a request for a modification in the case of physical
hardship, the Board of Supervisors shall make the following findings:
(1)
That there are unique physical circumstances or conditions, including
irregularity, narrowness, or shallowness of lot size or shape, or
exceptional topographical or other physical conditions peculiar to
the particular property, and that the unnecessary hardship is due
to such conditions and not the circumstances or conditions generally
created by the provisions of this chapter in the remainder of the
Township or in the general area in which the property is located.
(2)
That, because of such physical circumstances or conditions, there
is practical difficulty in developing the property in strict conformity
with the provisions of this chapter, and that the authorization of
a modification is therefore necessary to enable the reasonable use
of the property.
(3)
That such unnecessary hardship has not been created by the applicant,
and that the hardship is not solely economic.
(4)
That the modification, if authorized, will not alter the essential
character of the neighborhood in which the property is located, nor
substantially or permanently impair the appropriate use or development
of adjacent property, nor be detrimental to the public welfare.
(5)
That the modification, if authorized, will represent the minimum
modification that will afford relief and will represent the least
modification possible of the regulation in issue.
C.
In granting a request for modification, the Board of Supervisors
may attach such reasonable conditions and safeguards as it may deem
necessary to protect the public interest.
D.
Modifications in cases of physical hardship shall not be granted
by the Board of Supervisors, unless a favorable recommendation is
received from the Township Engineer and the Township Planning Commission.
E.
The Board of Supervisors shall have the authority to consider modifications in cases of physical hardship only in the case of requirements of this chapter which do not involve zoning regulations. Relief from any provision of Chapter 245, Zoning, of the Code of the Township of South Strabane shall be within the sole discretion of the Zoning Hearing Board.
When an equal or better specification is available to comply
with the Township construction standards or design standards of this
chapter, the Board of Supervisors may make such reasonable modifications
to such requirements of this chapter to allow the use of the equal
or better specification, upon favorable recommendation of the Township
Engineer, provided such modification will not be contrary to the public
interest. In approving such modification, the Board of Supervisors
may attach any reasonable conditions which may be necessary to assure
adequate public improvements and protect the public safety.
A.
Any request for a modification to any requirement of this chapter
authorized by this article shall be submitted, in writing, by the
applicant as part of the application for approval of a preliminary
or final application, stating the specific requirements of this chapter
which are to be modified and the reasons and justification for the
request.
B.
The request for modification to this chapter shall be considered
by the Board of Supervisors at a public meeting. If warranted, the
Board of Supervisors may hold a public hearing pursuant to public
notice prior to making a decision on the request for a modification.
C.
If the Planning Commission or Township Engineer has not made a recommendation
on the request for modification, the Board of Supervisors shall refer
the request to the Planning Commission and/or the Township Engineer
for a recommendation prior to taking action on the request. In all
cases, the Planning Commission recommendation and the Township Engineer's
recommendation shall be entered into the official record of the Board
of Supervisors meeting.
D.
The reasons relied upon by the Board of Supervisors in approving
or disapproving the request also shall be entered into the minutes
of the meeting, and any resolution or ordinance adopted governing
an application which contains a request for a modification shall include
specific reference to the modification and the reasons for approval
or disapproval.
E.
If a modification is granted by the Board of Supervisors, a notation
shall be placed on the final subdivision plat for recording of the
land development plan granted final approval which indicates the nature
of the modifications granted and the date of approval of the modification
by the Board of Supervisors.
