Where the Township Board of Supervisors finds that extraordinary
hardships may result from strict compliance with these regulations,
it may vary the regulations so that substantial justice may be done
and the public interest secured, provided that such variation will
not have the effect of nullifying the intent and purpose of the Comprehensive
Plan or these regulations.
In granting waivers, the Board of Supervisors may require such
conditions as will, in its judgment, secure substantially the objectives
of the standards or requirements so varied or waived.
It is hereby declared to be the legislative intent that:
A. If a court of competent jurisdiction declares any provision of this
chapter to be invalid or ineffective in whole or in part, the effect
of such decision shall be limited to those provisions which are expressly
stated in the decision to be invalid or ineffective, and all other
provisions of this chapter shall continue to be separately and fully
effective.
B. If a court of competent jurisdiction finds the application of any
provision or provisions of this chapter to any lot, building or other
structure or tract of land to be invalid or ineffective in whole or
in part, the effect of such decision shall be limited to the person,
property or situation immediately involved in the controversy, and
the application of any such provision to other persons, property or
situations shall not be affected.
Amendments to these subdivision and land development regulations
shall only be enacted as provided in Section 505 of the Pennsylvania
Municipalities Planning Code, as same now exists or as hereafter amended.
In any case where the Board of Supervisors determines, pursuant to §
191-14H,
191-18G or
191-22G, that a preliminary plan or final plan does not meet the required objectives and requirements or otherwise disapproves of a preliminary plan or final plan, the applicant may appeal from such determination or disapproval in the manner prescribed by the Pennsylvania Municipalities Planning Code, as same now exists or as hereafter amended. The appeal shall be filed within 30 days after the date of such determination or disapproval, or if no determination is made, 30 days after the date by which a determination was required to be made by these regulations.