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 350, Zoning, be considered for modification under the terms of this article. Relief from any requirement of Chapter 350, Zoning, can be obtained only through granting of a variance by the Zoning Hearing Board in their sole discretion.
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 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 in accordance with the Township's Comprehensive
Plan.
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 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 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 has not made a recommendation on the request
for modification, the Board of Supervisors may refer the request to
the Planning Commission for a recommendation. In all cases where the
Planning Commission has made a recommendation on the request, the
recommendation shall be entered into the official record of the meeting.
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.
D.
If approved, the final plat shall contain a notation indicating the
substance of the modification granted and the date of approval by
the Board of Supervisors.
