[Ord. 603, 12/30/1991, § 702; as amended by Ord.
787, 10/9/2006, § 9]
In small subdivisions that do not meet the definition of a minor subdivision, but where conditions are well-defined, the Planning Commission may waive some of the requirements of §§
22-303 and
22-306 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 with the application for preliminary approval. In granting such waiver, the Planning Commission shall rely on the recommendation of the Borough Engineer and shall determine that the waiver is not contrary to the public interest and is not in conflict with the requirements of any applicable county or state law or regulation. In the event that the Planning Commission does not grant the waiver, the application shall be considered incomplete and the Commission shall return the application for resubmission and compliance with all requirements of §§
22-303 and
22-306.
[Ord. 603, 12/30/1991, § 703; as amended by Ord.
787, 10/9/2006, § 10]
In the case of lot line adjustments, including consolidation plans, involving no more than three lots of record in plans previously approved by the Borough and recorded in the office of the Allegheny County Recorder of Deeds, Borough Council delegates authority to grant approval of the revised plat to the Borough Planning Commission. The procedure for approval shall be the procedure for combined preliminary and final approval specified in §
22-304, Subsection
1, for minor subdivisions and all references in that section to Planning Commission recommendation are deleted and references to Borough Council action are replaced by Planning Commission action.
[Ord. 603, 12/30/1991, § 705; as amended by Ord.
787, 10/9/2006, § 11]
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 Borough Council 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 Borough's Comprehensive
Plan.
[Ord. 603, 12/30/1991, § 706; as amended by Ord.
787, 10/9/2006, § 11]
When, owing to special conditions, a literal enforcement of
this chapter would result in unnecessary hardship, Borough Council
may make such reasonable exceptions to any of the requirements of
this chapter as will not be contrary to the public interest and may
approve a subdivision or land development plan subject to conditions
necessary to assure adequate public improvements.
[Ord. 603, 12/30/1991, § 707; as amended by Ord.
704, 2/14/2000, § 6; by Ord. 741, 12/30/2002, § 1;
and by Ord. 787, 10/9/2006, § 11]
1. Any request for a modification or exception to this chapter authorized
by this Part shall be considered by Borough Council at a public meeting.
2. If warranted, Borough Council may hold a public hearing pursuant
to public notice prior to making a decision on the request for a modification
or exception.
3. If 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 Borough Council in approving or
disapproving the request 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 or exception shall include
reference to the modification or exception and the reasons for approval
or disapproval.
4. Any modification granted by Borough Council shall be noted on the
final plat for recording. The notation on the plat shall include the
nature of the modification granted and the date of approval of the
modification by Borough Council.