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Borough of Emmaus, PA
Lehigh County
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[Ord. 551, 6/7/1976; as revised by Ord. 675, 11/17/1986]
1. 
Where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unreasonable hardship, the Borough Council may make such reasonable waiver thereof in accordance with modern and evolving principles of site planning and land development which are not contrary to the public interest and so that the spirit of this chapter shall be observed and substantial justice done.
2. 
Application for any waiver shall be submitted in writing by the applicant at the time the preliminary plat is filed with the Borough. The application shall state fully the ground and all facts relied upon by the applicant.
3. 
Wherever a waiver is requested by the applicant, the Borough Council shall refer the matter to the Planning Commission for its review. The Planning Commission shall study the request, make findings, record the findings in its minutes, and submit the findings to the Borough Council.
[Ord. 551, 6/7/1976; as revised by Ord. 675, 11/17/1986]
Any subdivider aggrieved by a finding, decision or recommendation of the Borough Council, may request and receive opportunity to appear, present additional relevant information and request reconsideration of the original finding, decision or recommendation.
[Ord. 551, 6/7/1976; as revised by Ord. 675, 11/17/1986]
1. 
The Borough shall keep a record of its findings, decisions, and recommendations relative to all subdivision plans filed with it for review.
2. 
All such records shall be public records.