2.
In the case of simple subdivisions, as defined by this chapter, preliminary approval shall be combined with final approval and the procedure for granting approval shall comply with the provisions of § 22-502 of this chapter.
3.
In the case of
large tracts of land owned by a single landowner, the waiver for a
simple subdivision shall be granted only once. Regardless of the number
of lots proposed, further subdivisions of the remaining acreage shall
comply with all application requirements for preliminary and final
approval.
In the case of the following types of land developments, the application requirements of § 22-404 of this chapter may be reduced, provided that certain minimum requirements are met:
1.
A single nonresidential
on a lot of less than 20,000 square feet in area, located in a zoning
district other than the WDD, which involves no new streets or easement
of access and which meets all requirements of the zoning district
in which it is located.
[Amended 3-23-1998 by Ord. No. 1088]
2.
A single nonresidential
structure located within the WDD which is entirely in conformity with
the zoning provisions of the district and in conformity with a land
development plan for a larger area which has been approved under the
provisions of this chapter and of which the proposed development is
a part.
[Amended 3-23-1998 by Ord. No. 1088]
3.
A residential
land development for no more than 20 dwelling units which meets all
requirements for the zoning district in which it is located. The minimum
application requirements for the above types of applications shall
include the items required by § 22-404.1, 2, 3, 4, 7 and
9.
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 in accordance with the Borough's Comprehensive Plan.
When an equal or better specification is available
to comply with the Borough Public Improvements Code[1] or 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 that such modification shall not
be contrary to the public interest. In approving such modification,
Borough Council may attach any reasonable conditions protect the public
safety.
[1]
Editor's Note: The Public Improvements Code
is on file in the office of the Borough Secretary.
1.
Any request for
a modification to this chapter authorized by this chapter shall be
submitted, in writing, by the applicant as part of this 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 modification. If the Planning Commission has not made
a recommendation on the request for a modification, Borough Council
may refer the request to the Planning Commission for a recommendation.
3.
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 approval of an application which contains
a request for a modification shall include specific reference to the
modification and the reasons for approval or disapproval. The final
plat for recording shall also contain a notation regarding the nature
of the modification granted and the date of approval of the modification.
