[Amended 6-14-1990 by Ord. No. 90-07]
If the literal compliance with any mandatory provision of these
regulations is shown by the applicant, to the satisfaction of the
majority of the members of the Board of Supervisors present at a scheduled
meeting, to be unreasonable or to cause undue hardship as it applies
to a particular property, or that an alternative proposal will allow
for equal or better results, the Board of Supervisors may grant a
waiver from such mandatory provision, so that substantial justice
may be done and the public interest secured while permitting the reasonable
utilization of the property. All requests for a waiver shall be in
writing and shall accompany and be a part of the application for development.
The request shall state in full the grounds of facts of unreasonableness
or hardship on which the request is based, the provision or provisions
of this chapter involved and the minimum modification necessary.
A. Waiver application. A waiver shall be submitted only to the Township
staff at the Township Office on any business day. A waiver request
shall include one application form (see Appendix No. 9) and four copies of all applicable plans, reports and
supplementary data. If this information was filed with a preliminary
plan or final plan, additional copies need not be submitted.
B. Distribution. The Township shall distribute one copy of the waiver
to the Township Planning Commission, the Township Engineer, the Township
Zoning Officer and, if necessary, Solicitor or other officials.
C. Review of the waiver. When deemed appropriate by the Board of Supervisors,
the Township staff and Planning Commission shall review the waiver
and recommend to the Board of Supervisors such action as they deem
appropriate.
D. Execution of the waiver.
(1) The Board of Supervisors shall have the authority to approve or disapprove
the waiver. In granting any waiver, the Board of Supervisors may impose
such conditions as will, in its judgment, secure substantially the
objectives of the standards and requirements of this chapter.
(2) Action on the waiver shall be entered in the minutes of the Board
of Supervisors and forwarded to the applicant.
(3) Failure of the Board of Supervisors to render a decision and communicate
it to the applicant as described herein shall be deemed a denial of
the waiver.