A.
The Borough Council, upon recommendation by the Planning Commission,
may grant a modification of requirements of one or more provisions
of this chapter if the 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 purpose and intent of the ordinance is observed.
B.
All requests for modifications 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.
C.
In considering a request for modification to one or more provisions
of this chapter, the requested modification shall meet the following
provisions:
(1)
Promotes greater health, safety, and welfare of the citizens of the
Borough.
(2)
Assists in the orderly and efficient integration of land developments
within the Borough.
(3)
Ensures conformance of subdivision and/or land development plans
with the Eastern Adams County Joint Comprehensive plan, public improvement
plans, and other adopted plans and regulations.
(4)
Ensures the provision of adequate public facilities including streets,
walkways, street lighting, water supply, storm and sanitary sewage
facilities, recreation sites, open spaces, and other necessities and
amenities to the general welfare of Borough residents.
(5)
Protects the environmental resources of the Borough.
(6)
Provides equitable procedures for the processing of all subdivision
and/or land development plans.
(7)
Ensures coordination of intermunicipal public improvement plans and
programs.
(8)
Promotes flexibility and ingenuity in the layout and design of subdivisions
and/or land development plans.
D.
In granting any modification, the Borough Council shall record its
action and the grounds for granting any modification in its minutes.
The Borough Council shall transmit a copy of its action and any conditions
of approval of any modification to the applicant.
E.
Whenever a request for a modification is denied, the Borough Council
shall record its action and the grounds for such denial in its minutes.
The Borough Council shall transmit a copy of its action and the grounds
for such denial of any modification to the applicant.
