Borough of Sharpsburg, PA
Allegheny County
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1. 
Procedures governing waivers.
A. 
Where owing to special conditions a literal enforcement of the provisions of this chapter will result in unreasonable hardship, the Borough Council may make such reasonable waiver thereof in accordance with modern and evolving principles of site planning and land development which are not contrary to the public interest and so that the spirit of this chapter shall be observed and substantial justice done.
B. 
Application for any waiver shall be submitted in writing by the applicant at the time the preliminary plat is filed with the Borough of Sharpsburg. The application shall state fully the grounds and all facts relied upon by the applicant.
C. 
Wherever a waiver is requested by the applicant, the Borough Council shall refer the matter to the Planning Commission for its review. The Planning Commission shall study the request, make findings, record the findings in its minutes and submit the findings to the Borough Council.
Any subdivider aggrieved by a finding, decision or recommendation of the Borough Council may request and receive an opportunity to appear, present additional relevant information and request reconsideration of the original finding, decision or recommendation.
1. 
The Borough of Sharpsburg shall keep a record of its findings, decisions and recommendations relative to all subdivision plans filed with it for review.
2. 
All such records shall be public records.
[Added 2-21-2013 by Ord. No. 13-05]
1. 
Before voting on the enactment of a proposed subdivision and land development ordinance, the Borough Council shall hold a public hearing thereon pursuant to public notice. A brief summary setting forth the principal provisions of the proposed ordinance and a reference to the place within the Borough where copies of the proposed ordinance may be secured or examined shall be incorporated in the public notice. Unless the proposed subdivision and land development ordinance shall have been prepared by the planning agency, the Borough Council shall submit the ordinance to the planning agency at least 45 days prior to the hearing on such ordinance to provide the planning agency an opportunity to submit recommendations. If a county planning agency shall have been created for the county in which the borough adopting the ordinance is located, then at least 45 days prior to the public hearing on the ordinance the borough shall submit the proposed ordinance to said county planning agency for recommendations.
2. 
Within 30 days after adoption, the Borough Council shall forward a certified copy of the subdivision and land development ordinance to the county planning agency or, in counties where no planning agency exists, to the governing body of the county in which the borough is located.
[Added 2-21-2013 by Ord. No. 13-05]
1. 
Amendments to the Subdivision and Land Development Ordinance shall become effective only after a public hearing held pursuant to public notice in the manner prescribed for enactment of a proposed ordinance by this part. In addition, in case of an amendment other than that prepared by the planning agency, the Borough Council shall submit each such amendment to the planning agency for recommendations at least 30 days prior to the date fixed for the public hearing on such proposed amendment. If a county planning agency shall have been created for the county in which the borough proposing the amendment is located, then at least 30 days prior to the hearing on the amendment, the borough shall submit the proposed amendment to said county planning agency for recommendations.
2. 
Within 30 days after adoption, the Borough Council shall forward a certified copy of any amendment to the subdivision and land development ordinance to the county planning agency or, in counties where no planning agency exists, to the governing body of the county in which the borough is located.
[Added 2-21-2013 by Ord. No. 13-05]
1. 
Proposed subdivision and land development ordinances and amendments shall not be enacted unless notice of proposed enactment is given in the manner set forth in this section and includes the time and place of the meeting at which passage will be considered, a reference to a place within the Borough where copies of the proposed ordinance or amendment may be examined without charge or obtained for a charge not greater than the cost thereof. The Borough Council shall publish the proposed ordinance or amendment once in one newspaper of general circulation in the Borough not more than 60 days nor less than seven days prior to passage. Publication of the proposed ordinance or amendment shall include either the full text thereof or the title and a brief summary, prepared by the Borough Solicitor and setting forth all the provisions in reasonable detail. If the full text is not included:
A. 
A copy thereof shall be supplied to a newspaper of general circulation in the Borough at the time the public notice is published.
B. 
An attested copy of the proposed ordinance shall be filed in the County Law Library or other county office designated by the County Commissioners, who may impose a fee no greater than that necessary to cover the actual costs of storing said ordinances.
2. 
In the event substantial amendments are made in the proposed ordinance or amendment, before voting upon enactment the Borough Council shall, at least 10 days prior to enactment, readvertise, in one newspaper of general circulation in the Borough, a brief summary setting forth all the provisions in reasonable detail, together with a summary of the amendments.
3. 
Subdivision and land development ordinances and amendments may be incorporated into official ordinance books by reference with the same force and effect as if duly recorded therein.