[Ord. No. 386, 4/14/2020]
1. In the case of a simple subdivision, as defined by this chapter,
which will not adversely affect the development of the remainder of
the parcel or adjoining property, the preliminary application and
filing fee as required by § 302 of this chapter shall not
be required, provided that all requirements for submission of a final
application specified in § 303 of this chapter are met.
2. In the case of these simple subdivisions, preliminary approval shall
be combined with final approval and the procedure for granting approval
shall comply with the provisions of §§ 303 and 304
of this chapter.
[Ord. No. 386, 4/14/2020]
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,
the Board of Supervisors may relax such requirement 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
of the desirable general development of the neighborhood and the community
in accordance with the Township's Comprehensive Plan.
2. No such modification from the provisions of these regulations shall
be authorized by the Board of Supervisors unless all of the following
conditions pertain:
A. There are unique physical circumstances or conditions present on
the property, including peculiar shape or exceptional topographical
or other physical conditions and the reasons for which a modification
is sought are due to these conditions and not the provisions of these
subdivision regulations.
B. Because of the physical circumstances there is no possibility that
the property can be developed in strict conformity with these regulations,
if reasonable use is to be made of it.
C. The reasons for request of a modification have not been created by
the applicant.
D. The modification, if granted, will not alter the essential character
of the neighborhood or district 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.
E. The modification, if authorized, will represent the minimum modification
that will afford relief and will represent the least modification
possible of the regulations in issue.
F. Economic hardship, alone, shall not be sufficient justification for
granting a modification.
3. Any request for a variance to the requirements of this Township Zoning Ordinance (Chapter
27), including, but not limited to, lot area, lot width and front, side or rear yards shall be submitted to the Zoning Hearing Board in accordance with the procedure specified for variances in the Township Zoning Ordinance (Chapter
27).
[Ord. No. 386, 4/14/2020]
When, owing to special site or engineering conditions, the developer can demonstrate by plan and written statement that an equal or better method or material is available to meet the intent of the design standards in Part
5 of this chapter, the Board of Supervisors may make such reasonable modifications to any of the requirements of this chapter as will not be contrary to the public interest and may approve a subdivision or land development plan subject to conditions necessary to ensure adequate public improvements.
[Ord. No. 386, 4/14/2020]
1. The owner and/or developer of a subdivision or land development proposal
shall submit to the Township Zoning Officer or Planning Coordinator
at least 20 days prior to a regular Planning Commission meeting any
application for a modification to the provisions of this chapter,
citing specifically the deviations from a particular section or sections
of these regulations requested.
2. The Planning Commission shall consider the application and may call
a public hearing, pursuant to public notice, as defined by this chapter,
to obtain additional information and public comment regarding the
request.
3. The procedure for review and approval, approval with conditions or
denial of the request shall be the same as the procedure specified
in §§ 302 and 303 of this chapter governing preliminary
and final application approval, whichever is applicable.
4. Any request for a modification or exception to this chapter authorized
by this Part shall be considered by the Board of Supervisors at a
public meeting. If the Planning Commission or Township Engineer has
made a recommendation on the request, the recommendations shall be
entered into the official record of the meeting. The reasons relied
upon by the Board of Supervisors in approving or disapproving the
request 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 reference to the modification and
the reasons for approval or disapproval.
5. The landowner and/or developer may appeal an unfavorable decision
to the Washington County Court of Common Pleas or may modify the application
for another submission to the Planning Commission. The landowner and/or
developer may not reapply for the same modification, once finally
denied, for at least one year after such rejection.
6. A notation regarding the substance of any modification approved in
accordance with this Part and the date of such approval shall be lettered
in ink upon the recording tracing and signed and dated by the Chairman
of the Board of Supervisors.