The provisions of these regulations are intended as a minimum
standard for the protection of the public health, safety and welfare.
If the literal compliance with any mandatory provision of these regulations
is shown by the applicant to the satisfaction of the Borough Council
present at a public meeting to be unreasonable and to cause undue
hardship as it applies to the particular property, the Borough Council
may grant a waiver from such mandatory provision so that substantial
justice may be done and the public interest secured while permitting
the reasonable utilization of the property. However, the granting
of a waiver shall not have the effect of making null and void the
intent and purpose of this chapter.
At a public meeting, the Borough Council shall review the request
to determine if the literal compliance with any mandatory provision
of this chapter is demonstrated by the applicant to 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.
The applicant shall demonstrate that an alternative proposal will
allow for equal or better results and represents the minimum modification
necessary. If the Borough Council determines that the applicant has
met his burden, it may grant a waiver from the literal compliance
with the terms of this chapter. In granting waivers, the Borough Council
may impose such conditions as will, in its judgement, secure the objectives
and purposes of this chapter. When a waiver is granted with conditions,
a statement of the approved waiver including the imposed condition(s)
shall be provided on the final plan.
It shall be the duty of the Borough Council and/or its duly
authorized representative to enforce the provisions of this chapter.
The Zoning Officer shall require that the application for a zoning
permit contain all information necessary to enable him to ascertain
whether the proposed building, alteration or use is located in an
approved subdivision or land development. No zoning permit shall be
issued until the Borough has determined that the site for the proposed
building, alteration or use complies with all the provisions of this
chapter and conforms to the site description as indicated on the approved
and recorded final plan.