Where a regulation would cause unique and undue hardship as
it applied to a particular subdivider's property, the Planning
Commission may grant the subdivider a variance from the strict application
of the regulation, if the variation will not nullify the objectives
of these subdivision regulations. In granting a variance, the Planning
Commission may impose conditions that will substantially secure the
objectives of the regulation that is varied.
For any replatting or resubdivision of land, the same procedures
and regulations apply as prescribed for an original subdivision except
as follows. Lot sizes may be varied on an approved plan after recording,
if all of the following conditions are met:
A. No lot or tract of land created or sold is smaller than the size
as shown on the approved plan.
B. Drainage easements or rights-of-way are not changed.
C. Street alignments and block sizes are not changed.
D. The rear portions of lots are not subdivided from the front part.
E. The character of the area is maintained.
In any case where a provision of this chapter is found to be
in conflict with the provision of a zoning, building, fire, safety
or health ordinance or code of this municipality or law, rule or regulation
of the Commonwealth of Pennsylvania, the provision which establishes
the higher standard for the promotion and protection of the health
and safety of the people shall prevail. In any case where a provision
of this chapter is found to be in conflict with the provisions of
another ordinance or code of this municipality or law, rule or regulation
of the Commonwealth of Pennsylvania which establishes a lower standard
for the promotion and protection of the health and safety of the people,
the provisions of this chapter shall be deemed to prevail, and such
other ordinances or codes are hereby declared to be repealed to the
extent that they may be found in conflict with this chapter.
The Borough Council, upon the recommendation of the Planning
Commission, or upon its own motion may amend, supplement, or repeal
any of these regulations after public notice and hearing in accordance
with applicable statutory provision.
Any owner, or agent of the owner, of any land located within
a subdivision, who sells, transfers, or agrees to sell, any land by
reference to, or exhibition of, or by other use of a plan of a subdivision,
before the same has been approved by the County Planning Commission
shall, upon summary conviction thereof, be sentenced to pay a fine
of not more than $100, and the cost of prosecution for each lot or
parcel transferred or sold or agreed to be sold. The description of
such lot or parcel by metes and bounds in the instrument of transfer,
or other document used in the process of selling or transferring,
shall not exempt the transaction from such penalties, or from the
remedies herein provided.