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 subdivision
and land development ordinance by the Pennsylvania Municipalities
Planning Code. In addition, in case of an amendment other than that prepared
by the BPC, the Borough Council shall submit each such amendment to
the BPC for recommendations at least 30 days prior to the date fixed
for the public hearing on such proposed amendment.
The decisions of the Borough Council with respect to the approval
or disapproval of subdivision or land development plans may be appealed
directly to court in the same manner and within the same time limitations
as is provided for zoning appeals in Article X of the Pennsylvania
Municipalities Planning Code.
Whenever there is a conflict between minimum standards or requirements
set forth in this chapter and those contained in other Borough ordinances
and regulations or other applicable laws and regulations, the most
stringent standard or regulation shall apply.
The BPC may recommend and the Borough Council may grant modifications
from the requirements of one or more provisions of this chapter if
literal enforcement will 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 purposes and intents of the provisions of this chapter are observed.
All requests for a modification shall be in writing, are subject to
the modifications procedure set forth in Section 512.1 of the MPC 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 this chapter involved and the minimum modification
necessary. BPC and Borough Council shall keep a written record of
all action on all requests for modification.
If any portion or provision of this chapter is held to be unconstitutional
or invalid by a court of competent jurisdiction, that holding shall
only affect that portion or provisions of the chapter. All other portions
and provisions shall be held as valid and enforceable.