A.
Small subdivisions.
(1)
In subdivisions which exceed the number of lots specified in the definition of minor subdivision, but which meet all other aspects of the definition of minor subdivision, the Planning Commission may exempt the applicant from complying with some of the requirements of § 242-14 regarding application content, if warranted. Applicants desiring to obtain a waiver of certain application requirements under the provisions of this section shall submit a written request when submitting an application for preliminary approval.
(2)
The Planning Commission may grant a waiver to any of the application requirements of § 242-14 of this chapter, if warranted, provided that such waiver is not contrary to the public interest and such waiver is not in conflict with the requirements of any other applicable county or state law or regulation. In the event that the Planning Commission does not grant a waiver of the application requirements, the application shall be considered incomplete, and the Commission shall return the application to the applicant for resubmission and compliance with all requirements of § 242-14 of this chapter.
B.
Land developments. In the case of a land development which proposes the change of use of an existing building, an addition to an existing building or the construction of a single nonresidential building on a lot (which new construction is less than 10,000 square feet of gross floor area), the requirement to submit separate applications for preliminary and final approval may be waived by the Planning Commission, provided all of the applicable information required by §§ 242-39 and 202-42 of this chapter is provided in the application for approval of the land development. If such waiver is granted, the procedure for granting combined preliminary and final approval of the land development shall follow the procedure for granting final approval of a land development specified in §§ 242-41 through 242-50 of this chapter.
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 or 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[1] 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.
[1]
Editor's Note: The Township of Union Construction Standards
are on file in the office of the Township Secretary.
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 a 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 Township 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.
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 plat for recording which indicates the
nature of the modification granted and the date of approval of the
modification by the Board of Supervisors.
