In the case of lot line adjustments involving no more than three lots of record in plans previously approved by the Borough and recorded in the Allegheny County Department of Real Estate (formerly the Office of the Recorder of Deeds), the preliminary and final application requirements of Article III shall be waived and the approval of the revised plat for recording shall be granted by the Borough Secretary, subject to the recommendation of the Borough Engineer, provided that all lots comply with the minimum requirements of Chapter 440, Zoning. The Borough Secretary shall authorize the proper officers of the Borough to sign the plat for recording purposes.
In minor subdivisions and minor land developments, where existing conditions are well defined, the Planning Committee, upon recommendation of the Borough Engineer, may exempt the applicant from complying with some of the requirements of §§ 360-13 and 360-39 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 Committee, may grant a waiver to any of the application requirements of §§ 360-13 and 360-39 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 Committee does not grant a waiver of the application requirements, the application shall be considered incomplete and the Committee shall return the application for resubmission and compliance with all requirements of §§ 360-13 and 360-39.
A. 
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, 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.
B. 
In granting a request for a modification, Borough Council may consider the recommendations of the Borough Engineer and the Borough Planning Committee and may attach such reasonable conditions and safeguards as it may deem necessary to protect the public interest.
C. 
Borough Council shall have the authority to grant modifications only in the case of requirements of this chapter and not to any requirements of Chapter 440, Zoning, except for conditional uses.
When, an equal or better specification is available to comply with the Borough construction standards or the design standards of this chapter, Borough Council 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 Borough Engineer, provided 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.
A. 
Any request for a modification to any requirement of 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 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 modification. If the Planning Committee or Borough Engineer has not made a recommendation on the request for modification, Borough Council shall refer the request to the Planning Committee and/or Borough Engineer for a recommendation prior to taking action on the request. In all cases, the Planning Committee recommendation and Borough Engineer's recommendation shall be entered into the official record of the meeting.
C. 
The reasons relied upon by Borough Council 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.
D. 
If a modification is granted by Borough Council, 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 Borough Council.