A.
The Board of Supervisors 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 the chapter is observed.
B.
The general principles of design and the minimum requirements for
the laying out of subdivisions and land developments stipulated in
this chapter may be varied by the Board of Supervisors upon request
by the subdivider or developer and the recommendation of the Township
Engineer and the Planning Commission, in the case of a project large
enough to constitute a more or less self-contained neighborhood, industrial
park or commercial center. Such a project shall be developed in accordance
with a Comprehensive Plan safeguarded by appropriate restrictions,
which in the judgement of the Board has made adequate provisions for
all essential requirements. Provided, however, that no modification
shall be granted by the Board which would conflict with features of
any adopted long-range plan of the Township or with the intent and
purpose of the general principles of design and minimum requirements
of this chapter.
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 the
chapter involved and the minimum modification necessary.
B.
The request for modification may be referred to the Planning Commission
and Township Engineer for advisory comments. The Board of Supervisors
and the Planning Commission shall keep a written record of all action
on all requests for modifications. All modifications approved by the
Supervisors shall be appropriately listed with the date of such approval
on the final plan.
Upon reviewing a request of modification, the Township shall
consider the following:
A.
That there is good and sufficient cause;
B.
That failure to grant the modification would result in excessive
hardship to the applicant;
C.
That the granting of the modification will neither result in an unacceptable
or prohibited increase in flood height, additional threat to public
safety, or extraordinary public expense; nor create nuisances, cause
fraud on, or victimize the public, or conflict with any other applicable
state or local ordinances and regulations;
D.
Any other pertinent information provided as part of the record prior
to or at the time of review by any interested party.
Appeals of any action or decision of the Township Secretary
or any other officer or employee of the Township authorized to administer
this chapter shall be filed in writing with the Township within 30
days after the action or decision in question. Upon receipt of the
appeal, the Board of Supervisors shall designate a time and place
for consideration of the appeal. This time will be set not less than
10 days nor more than 30 days after receipt. Notice of the time and
place shall be given to all interested parties. Should the decision
of the Board of Supervisors aggrieve any person, they may seek relief
by appeal to court, as provided by the laws of this commonwealth,
including the Pennsylvania Flood Plain Management Act.[1]
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
