A.Â
Waivers to application requirements. In subdivision or land
developments where conditions are such that certain information required
by this chapter to be submitted to complete an application is either
not available, not applicable or judged to be unnecessary to properly
review the application, Borough Council may, in its discretion, waive
the requirement to submit such information, provided that all other
application requirements have been met.
B.Â
Modifications in cases of physical hardship. In any particular
case where the applicant 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, Borough Council
may relax such requirements to the extent deemed just and equitable,
so as to relieve such difficulty or hardship, provided that such relief,
if granted, will not be a detriment to the public good and will not
impair the intent and purpose of this chapter or the desirable development
of the immediate neighborhood.
C.Â
Modifications to allow equal or better specifications. When
an equal or better specification is proposed by the applicant to comply
with the design standards of this chapter, Borough Council may make
such reasonable modification to such requirements of this chapter
to allow the use of the equal or better specification, provided that
such modification will not be contrary to the public interest. In
approving such modification, Borough Council may attach any reasonable
conditions which may be necessary to assure adequate public improvements
and protect the public safety.
D.Â
Procedure for authorizing waivers and modifications.
(1)Â
Any request for a waiver or modification to any of the requirements
of this chapter shall be submitted, in writing, by the applicant as
part of the application for preliminary or final approval of a subdivision
or land development, stating the specific requirements of this chapter
which are to be waived or modified and the reasons and justification
for the request.
(2)Â
The request for a waiver or modification to this chapter shall
be considered by Borough Council at a public meeting. If warranted,
Borough Council may hold a public hearing, pursuant to public notice,
prior to making a decision on the request for a waiver or modification.
(3)Â
If the Borough Planning Commission has not made a recommendation
on the request for a waiver or modification, Borough Council may refer
the request to the Planning Commission for a recommendation. In the
case of a request for a modification to allow an equal or better specification
to comply with the design standards of this chapter, the request shall
be referred to the Borough Engineer for a recommendation.
(4)Â
If the Environmental Advisory Council has not made a recommendation
on the request for a waiver or modifications, Borough Council may
refer the request to the Environmental Advisory Council for a recommendation.
(5)Â
In all cases where the Environmental Advisory Council, Planning
Commission, Borough Engineer or any other review agency or person
has made a recommendation on the request, the recommendation shall
be entered onto the official record of the meeting.
(6)Â
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 adopted by Borough Council governing an application
which contains a request for a waiver or modification shall include
a specific reference to the waiver or modification and the reasons
for approval or disapproval.
(7)Â
If a waiver or modification is granted by Borough Council, a
notation shall be placed on the final plat for recording, in the case
of a subdivision, or on the plan granted final approval, in the case
of a land development, which indicates the substance of the waiver
or modification granted and the date of approval by Borough Council.
