[Amended 4-10-2012 by Ord. No. 434]
The governing body may grant a modification of the requirements of one or more provisions of this chapter if the literal enforcement will exact undue hardship because of peculiar conditions pertaining to the land in question, or if an equal or better specification is available to comply with the Borough construction standards or the design standards of this chapter, provided that such modification will not be contrary to the public interest and that the purpose and intent of the chapter is observed.
A. 
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 or detailed comparative information about the equal or better specification proposed, whichever is applicable, the exact provision or provisions of this chapter to be modified and the minimum modification necessary.
B. 
The request for modification shall be referred to the Borough Planning Commission for advisory comments.
C. 
A request for a modification to authorize an equal or better specification shall be referred to the Borough Engineer for advisory comment.
D. 
The reasons relied upon by Borough Council in approving or disapproving the request shall be entered into the minutes of the Borough Council meeting at which action is taken.
E. 
Any resolution adopted governing an application for which a modification has been granted or denied shall include specific reference to the modification and the reasons for approval or disapproval.
F. 
Whenever a modification is granted by Borough Council, the final plat for recording shall contain a notation indicating the substance of the modification granted and the date of approval by Borough Council.
G. 
Borough Council and the Planning Commission shall keep a written record of all action on all requests for modifications.
[Amended 4-10-2012 by Ord. No. 434]
Borough Council may, from time to time, amend this chapter in accordance with the following provisions:
A. 
Planning Commission review. In the case of amendments other than those prepared by the Borough Planning Commission, Borough Council shall submit the proposed amendment to the Planning Commission for recommendation at least 30 days prior to the date fixed for the public hearing on the proposed amendment.
B. 
County Planning Commission review. The proposed amendment shall be submitted to the Beaver County Planning Commission for review and recommendation at least 30 days prior to the public hearing on the amendment.
C. 
Public hearing. Before voting on enactment on an amendment, Borough Council shall hold a public hearing thereon pursuant to public notice, as defined herein. Borough Council shall not conduct its public hearing until comments are received from the Beaver County Planning Commission or until the expiration of 30 days from the date the amendment was sent to the county.
D. 
Publication, advertisement and availability of ordinance.
(1) 
Proposed amendments shall not be enacted unless public notice, as defined herein, of the proposed enactment is given, including the time and place of the meeting at which passage will be considered, and a reference to a place within the Borough where copies of the proposed amendment may be examined without charge or obtained for a charge not greater than the cost thereof.
(2) 
Borough Council shall publish the proposed amendment once in one newspaper of general circulation in the Borough not more than 60 nor less than seven days prior to passage. Publication of the proposed amendment shall include either the full text thereof or the title and a brief summary prepared by the Borough Solicitor and setting forth all the provisions in reasonable detail. If the full text is not included:
(a) 
A copy thereof shall be supplied to a newspaper of general circulation in the Borough at the time the public notice is published.
(b) 
An attested copy of the proposed amendment shall be filed in the County Law Library or other county office designated by the County Commissioners, who may impose a fee no greater than that necessary to cover the actual costs of storing said ordinances.
(c) 
In the event substantial amendments are made in the proposed amendment, before voting upon enactment, Borough Council shall, at least 10 days prior to enactment, readvertise in one newspaper of general circulation in the Borough, a brief summary setting forth all the provisions in reasonable detail together with a summary of the amendments.
(d) 
Subdivision and land development amendments may be incorporated into official ordinance books by reference with the same force and effect as if duly recorded herein.
E. 
Filing after enactment. Within 30 days after adoption, the Borough Secretary shall forward a certified copy of the amendment to the Beaver County Planning Commission.