In the case of lot line adjustments involving no more than three lots of record in plans previously approved by the Township and recorded in the office of the Washington County Recorder of Deeds, the preliminary and final application requirements of Article III shall be waived and the approval of the revised plat for recording shall be granted by the Township Secretary, subject to the recommendation of the Township Engineer, provided that all lots comply with the minimum requirements of Chapter 320, Zoning. The Township Secretary shall authorize the proper offices of the Township to sign the plat for recording purposes.[1]
[1]
Editor's Note: Original Section 1002, Waiver for transfer of ownership of unbuildable parcels, which immediately followed this section, was repealed 5-23-2006 by Ord. No. 3-06.
In minor subdivisions and minor land developments, where existing conditions are well defined, the Planning Commission, upon recommendation of the Township Engineer, may exempt the applicant from complying with some of the requirements of §§ 270-13 and 270-39 regarding application content, if warranted. Applicants desiring to obtain a waiver of certain application requirements under the provisions of this section shall submit a written request when submitting an application for preliminary and final approval. The Planning Commission, may grant a waiver to any of the application requirements of §§ 270-13 and 270-39 of this chapter, if warranted, provided that such waiver is not contrary to the public interest and such waiver is not in conflict with the requirements of any other applicable county or state law or regulation. In the event that the Planning Commission does not grant a waiver of the application requirements, the application shall be considered incomplete and the Commission shall return the application for resubmission and compliance with all requirements of §§ 270-13 and 270-39.
A. 
In any particular case where the developer can show by plan and written statement that, by reason of exceptional topographic or other physical conditions, strict compliance with any design requirement of this chapter would cause practical difficulty or exceptional and undue hardship, Township Supervisors may relax such requirements to the extent deemed just and proper, so as to relieve such difficulty or hardship, provided that such relief may be granted without detriment to the public good and without impairing the intent and purpose of this chapter or the desirable general development of the neighborhood and the community.
B. 
In granting a request for a modification in the case of physical hardship, Township Supervisors shall make the following findings:
(1) 
That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property and that the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of this chapter in the remainder of the subdivision or land development or in the neighborhood in which the property is located.
(2) 
That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of this chapter and that the authorization of a modification is therefore necessary to enable the reasonable use of the property.
(3) 
That such unnecessary hardship has not been created by the applicant and that the hardship is not solely economic.
(4) 
That the modification, if authorized, will not alter the essential character of the neighborhood in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare.
(5) 
That the modification, if authorized, will represent the minimum modification that will afford relief and will represent the least modification possible of the regulation in issue.
C. 
In granting a request for a modification, Township Supervisors may attach such reasonable conditions and safeguards as it may deem necessary to protect the public interest.
D. 
Modifications in cases of physical hardship shall not be granted by Township Supervisors, unless a favorable recommendation is received from the Township Engineer and the Township Planning Commission.
E. 
Township Supervisors shall have the authority to consider modifications in cases of physical hardship only in the case of requirements of this chapter which do not involve zoning regulations. Relief from any provision of Chapter 320, Zoning, shall be within the sole discretion of the Zoning Hearing Board.
When an equal or better specification is available to comply with the Infrastructure Improvement and Development Specifications or the design standards of this chapter, Township Supervisors may make such reasonable modifications to such requirements of this chapter to allow the use of the equal or better specification, upon favorable recommendation of the Township Engineer, provided such modification will not be contrary to the public interest. In approving such modification, Township Supervisors may attach any reasonable conditions which may be necessary to assure adequate public improvements and protect the public safety.
A. 
Any request for a modification to any requirement of this chapter authorized by this article shall be submitted in writing by the applicant as part of the application for approval of a preliminary or final application, stating the specific requirements of this chapter which are to be modified and the reasons and justification for the request.
B. 
The request for a modification to this chapter shall be considered by Township Supervisors at a public meeting. If warranted, Township Supervisors may hold a public hearing pursuant to public notice prior to making a decision on the request for a modification.
C. 
If the Planning Commission or Township Engineer has not made a recommendation on the request for modification, Township Supervisors shall refer the request to the Planning Commission and/or Township Engineer for a recommendation prior to taking action on the request. In all cases, the Planning Commission recommendation and Township Engineer's recommendation shall be entered into the official record of the meeting.
D. 
The reasons relied upon by Township Supervisors in approving or disapproving the request also shall be entered into the minutes of the meeting and any resolution or ordinance adopted governing an application which contains a request for a modification shall include specific reference to the modification and the reasons for approval or disapproval.
E. 
If a modification is granted by Township Supervisors, a notation shall be placed on the final subdivision plat for recording or the land development plan granted final approval which indicates the nature of the modification granted and the date of approval of the modification by Township Supervisors.