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 majority of
the members of the Board present at a public meeting, to be unreasonable
and to cause undue hardship as it applies to the particular property,
the Board 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 ordinance.
All requests for waivers shall be made in accordance with the
following procedure:
A. All requests for a waiver shall be made in writing and shall be made
prior to submission of an application for development, or shall accompany
and be a part of the application for development. The request shall
state in full the grounds and facts of the unreasonableness or hardship
on which the request is based, the section or sections of this ordinance
which are requested to be waived, and the minimum modification necessary.
The request shall be accompanied by a plan prepared at least to the
minimum standards of a sketch plan (See Article IV).
B. Should a revision to a submitted plan require a waiver which was not apparent at the time of the initial plan submission, the request for a waiver shall be submitted in accordance with Subsection
A above at the time of submission of the revised plans.
C. Requests for waivers shall be considered by the Board of Supervisors
at a public meeting which is at least seven days after the submission
of the waiver request.
At a public meeting, the Board shall review the request to determine
if the literal compliance with any mandatory provision of this ordinance
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 ordinance 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 Board determines that the applicant has met his burden, it
may grant a waiver from the literal compliance with the terms of this
ordinance. In granting waivers, the Board may impose such conditions
as will, in its judgment, secure the objectives and purposes of this
ordinance.
It shall be the duty of the Zoning Officer and/or other such
duly authorized representative of the Township, and they are hereby
given the power and authority, to enforce the provisions of this ordinance.
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 Zoning Officer has determined that the site for the
proposed building, alteration, or use complies with all the provisions
of this ordinance and conforms to the site description as indicated
on the approved and recorded final plan. The Board of Supervisors
and the Township Manager shall at all times have the authority to
take all action authorized by the Municipalities Planning Code to
enforce this ordinance.