[Ord. 88-9, 11/17/1988, § 901; as amended by Ord.
93-3, 2/18/1993]
1.
The Borough Council may grant a modification of the requirements
of one or more provisions of this chapter if the literal enforcement
will exact undue hardship because of peculiar conditions pertaining
to the land in question, provided that such modification will not
be contrary to the public interest and that the purpose and intent
of this chapter is observed.
2.
All requests for a modification shall be in writing and shall accompany
and be a part of the application for development. The request shall
state in full the grounds and facts of unreasonableness or hardship
on which the request is based, the provision or provisions of this
chapter involved and the minimum modification necessary.
3.
The request for modification shall be referred to the Planning Commission
for advisory comments.
4.
The Borough Council shall keep a written record of all action on
all requests for modifications.
[Ord. 88-9, 11/17/1988, § 902]
Applications for a modification of requirements shall be submitted
in writing by the applicant at the time the preliminary plat is filed
with the Planning Commission. The application shall state fully the
grounds and all facts relied upon by the applicant.
[Ord. 88-9, 11/17/1988, § 903]
In granting any modification of requirements the Borough Council
shall record its action and the grounds for granting any alteration
to the applicant.
[Ord. 88-9, 11/17/1988, § 904]
Whenever a request for a modification of requirements is denied,
the Borough Council shall record its action and the grounds for such
denial in its minutes. The Borough Council shall transmit a copy of
its action and the grounds for such denial of any modification to
the applicant.
[Ord. 88-9, 11/17/1988, § 905]
Persons aggrieved by the granting or denial of a request from
a modification of requirements may appeal the Borough Council's
decision through the use of the appeals procedure as outlined in the
"Pennsylvania Municipalities Planning Code," Act 247, Article X, as
amended.
