[Ord. 754, 8/14/2007]
All requests for a modification shall be in writing and shall
be a part of the application for final approval or development. The
request shall state the facts of unreasonableness or hardship, the
provision or provision involved and the minimum modification necessary.
The Council shall refer the request to the Planning Commission for
advisory comments prior to action and shall keep a written record
of all action taken on all requests for modification.
[Ord. 754, 8/14/2007]
Where the Planning Commission recommends and/or Council finds
that undue hardship may result from strict compliance with this chapter,
Borough Council may grant a modification of the requirements so that
substantial justice may be done and the public interest secured, provided
that such modification will not be contrary to the public interest
nor have the effect of nullifying the purpose and intent of this chapter.
[Ord. 754, 8/14/2007]
In granting modifications, the Planning Commission may recommend
and the Council may require such conditions, as will, in its judgment,
secure substantially the objectives of the standard or requirements
so varied or modified. The granting of administrative relief and modifications
by the Planning Commission shall be conditional and subject to the
final approval of the Council.
