[Ord. 07-117, 11/13/2007, § 701]
1. The Board of Supervisors may grant a modification or waiver of the
requirements of one or more of the 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. For the purposes
of items concerning this chapter the terms modification and waiver
may be used interchangeably.
A. 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.
B. The request for modification may be referred to the Planning Commission
for advisory comments.
C. The Board of Supervisors and the Planning Commission shall keep a
written record of all action on all requests for modifications.
D. No modification shall be granted solely upon proof that the applicant's
land would increase in value or that the applicant could use the land
more profitably upon grant of the modification.
[Ord. 07-117, 11/13/2007, § 702]
1. Any request for a waiver or modification shall be in writing and
shall accompany and be a part of the submission of the plan, preliminary
and/or final, to which it refers. The request shall state in full
the ground and facts of unreasonableness or hardship on which the
request is based, the provision(s) of this chapter involved, and the
exact waiver or modification there from which is requested.
2. All proposals for waiver or modification from the provisions of this
chapter shall be reviewed and a recommendation made by the Township
Planning Commission, whether requested by the developer or deemed
necessary by the Board of Supervisors.
3. A record of the action on all waiver or modification from the provisions
of this chapter shall appear in the official minutes of the Planning
Commission and of the Board of Supervisors.