[Ord. 2001-3, 12/10/2001, § 1001]
In the case of lot line adjustments involving no more than three lots of record in plans previously approved by the Township and recorded in the Office of the Washington County Recorder of Deeds, the preliminary and final application requirements of Part
3 shall be waived and the approval of the revised plat for recording shall be granted by the Township Planning Commission, subject to the recommendation of the Township Engineer, provided that all lots comply with the minimum requirements of the Township Zoning Ordinance (Chapter
27 of the Code of Ordinances of the Township). The Township Planning Commission shall authorize the proper offices of the Township to sign the plat for recording purposes.
[Ord. 2001-3, 12/10/2001, § 1002]
A one time transfer of property between adjoining landowners
shall be permitted without recording a plan of subdivision, provided
that:
A. The property to be transferred either:
(1)
Results from the abandonment or vacation of a public or private
right-of-way.
(2)
The total area of the property to be transferred does not exceed
500 square feet and does not exceed five percent of the total area
of the property from which it is to be transferred.
B. The transfer of the property will not create any nonconforming lots or nonconforming structures, as defined and regulated by the Township Zoning Ordinance (Chapter
27 of the Code of Ordinances of the Township).
C. The property to be transferred is unbuildable under the applicable
Township ordinances.
D. The deed conveying the property makes reference to the fact that
the property described in the deed is unbuildable under the applicable
Township ordinances.
[Ord. 2001-3, 12/10/2001, § 1003]
In minor subdivisions and minor land developments, where existing
conditions are well-defined, the Planning Commission, upon recommendation
of the Township Engineer, may exempt the applicant from complying
with some of the requirements of §§ 304 and 504 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 and final approval. The Planning Commission, may grant
a waiver to any of the application requirements of §§ 304
and 504 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
for resubmission and compliance with all requirements of §§ 304
and 504.
[Ord. 2001-3, 12/10/2001, § 1004]
1. 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, Township 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.
2. In granting a request for a modification in the case of physical
hardship, Township Supervisors shall make the following findings.
A. There are unique physical circumstances or conditions, including
irregularity, narrowness or shallowness of lots 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
subdivision or land development or in the neighborhood in which the
property is located.
B. Because of such physical circumstances or conditions, there is no
possibility that the property can be developed 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.
C. Such unnecessary hardship has not been created by the applicant and
that the hardship is not solely economic.
D. The modification, if authorized, will not alter the essential character
of the neighborhood in which the property in located, nor substantially
or permanently impair the appropriate use or development of adjacent
property, nor be detrimental to the public welfare.
E. 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.
3. In granting a request for a modification, Township Supervisors may
attach such reasonable conditions and safeguards as it may deem necessary
to protect the public interest.
4. Modifications in cases of physical hardship shall not be granted
by Township Supervisors, unless a favorable recommendation is received
from the Township Engineer and the Township Planning Commission.
5. Township 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 the Township Zoning Ordinance [Chapter
27] shall be within the sole discretion of the Zoning Hearing Board.
[Ord. 2001-3, 12/10/2001, § 1005]
When, an equal or better specification is available to comply
with the Township construction standards or the design standards of
this Chapter, Township 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, Township Supervisors may
attach any reasonable conditions which may be necessary to assure
adequate public improvements and protect the public safety.
[Ord. 2001-3, 12/10/2001, § 1006]
1. Any request for a modification to any requirement of this Chapter
authorized by this Part 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.
2. The request for a modification to this Chapter shall be considered
by Township Supervisors at a public meeting. If warranted, Township
Supervisors may hold a public hearing pursuant to public notice prior
to making a decision on the request for a modification.
3. If the Planning Commission or Township Engineer has not made a recommendation
on the request for modification, Township Supervisors shall refer
the request to the Planning Commission and/or Township Engineer for
a recommendation prior to taking action on the request. In all cases,
the Planning Commission recommendation and Township Engineer's
recommendation shall be entered into the official record of the meeting.
4. The reasons relied upon by Township 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.
5. If a modification is granted by Township Supervisors, a notation
shall be placed on the final subdivision plat for recording or the
land development plan granted final approval which indicates the nature
of the modification granted and the date of approval of the modification
by Township Supervisors.