[Ord. 2005-2, 4/4/2005]
1.
The Planning Commission may grant a modification of the requirements
of one or more provisions if the literal enforcement will exact undue
hardship because of peculiar conditions pertaining to the property
in question, provided that such modification will not be contrary
to the public interest and that the purpose and intent of the ordinance
is observed. The modification of requirements pertaining to public
improvements, however, shall require the concurrence of the Borough
Council.
2.
All requests for a modification shall be in writing and shall accompany
and be a part of the application for development. The request shall
state in full the grounds and facts of unreasonableness or hardship
on which the request is based, the provision or provisions of the
ordinance involved and the minimum modification necessary.
3.
The request for modifications regarding public improvements shall
be referred by the Planning Commission to the Borough Council for
their concurrence.
4.
The Planning Commission and the Borough Council shall keep a written
record of all action on all requests for modifications.
[Ord. 2005-2, 4/4/2005]
Requests for modifications shall be submitted in writing by
the subdivider/developer at the time the preliminary application is
filed with the Commission. The application shall state fully the grounds
and all the facts relied upon by the applicant.
[Ord. 2005-2, 4/4/2005]
1.
Any subdivider/developer aggrieved by a finding, decision or recommendation
of the Planning Commission may request and receive opportunity to
appear before the Borough Council, present additional relevant information,
and request reconsideration of the original findings, decision or
recommendations.
2.
Applications for reconsideration shall be submitted in writing by
the subdivider not less than 10 calendar days in advance of the meeting
at which reconsideration is desired.
[Ord. 2005-2, 4/4/2005]
In authorizing a modification, the Planning Commission and the
governing body shall record its actions and the grounds for recommending
or authorizing the modification in its minutes. A statement showing
the date that such modification was authorized shall be affixed to
the final plan.
[Ord. 2005-2, 4/4/2005]
Any landowner, applicant or other aggrieved party questioning
the validity of this chapter or any part, hereof, including procedural
matters, or any decision made hereunder may undertake an appeal in
accordance with the procedures set forth in Article IX of the Pennsylvania
Municipalities Planning Code, Act 247, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10901 et seq.
