[Ord. 381, 11/14/2005, § 400]
1.
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 requirement of this chapter
would cause practical difficulty or exceptional and undue hardship,
Borough Council 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.
2.
Borough Council 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 the Zoning Ordinance [Chapter 27] shall be within the sole discretion of the Zoning Hearing Board.
[Ord. 381, 11/14/2005, § 401]
When an equal or better specification is available to comply
with the construction standards or the design standards of this chapter,
Borough Council may make such reasonable modifications to such requirements
of this chapter to allow the use of the equal or better specification,
upon recommendation of the Borough Engineer, provided such modification
will not be contrary to the public interest. In approving such modification,
Borough Council may attach any reasonable conditions that may be necessary
to assure adequate public improvements and protect the public safety.
[Ord. 381, 11/14/2005, § 402]
1.
Any request for a modification to any requirement of this chapter
authorized by this chapter 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.
2.
The request for a modification to this chapter shall be considered
by Borough Council at a public meeting. If warranted, Borough Council
may hold a public hearing pursuant to public notice prior to making
a decision on the request for a modification.
3.
If the Planning Commission has not made a recommendation on the request
for modification, Borough Council shall refer the request to the Planning
Commission for a recommendation. In all cases, the Planning Commission
recommendation shall be entered into the official record of the meeting.
4.
The reasons relied upon by Borough Council 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.
5.
If a modification is granted by Borough Council, 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 Borough Council.
