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.
[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.
