[Ord. 6387, passed 8-12-1971]
Where Council finds that extraordinary hardships may result
from strict compliance with the design standards of this Subdivision
Ordinance, it may grant a variance to those design standards in order
that substantial justice and the public interest may be secured. Council
may grant a variance provided the following findings are made where
relevant in a given case:
(a)Â
There are unique physical circumstances or conditions including irregularity,
narrowness, or shallowness of the tract size or shape, or exceptional
topographical or other physical conditions peculiar to that particular
property, and the unnecessary hardship is due to such conditions;
(b)Â
Because of such physical circumstances or conditions there is no
possibility that the property can be developed in strict conformity
with the design standards and the authorization of a variance is therefore
necessary to enable the reasonable use of the property;
(c)Â
The necessary hardship has not been created by the appellant;
(d)Â
The variance as authorized will not adversely affect the basic 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; and
(e)Â
The variance, if authorized, will represent the least modification
possible of the regulation in issue. In granting any variance, Council
may attach such reasonable conditions and safeguards as it may deem
necessary to implement the purposes of this Subdivision Ordinance.
[Ord. 6387, passed 8-12-1971]
The standards and requirements of this Subdivision Ordinance
may be modified by Council in the case of a Planned Development prepared
in accordance with the appropriate provisions of the Zoning Ordinance.
[Ord. 6387, passed 8-12-1971]
Council shall maintain an accurate public record of all plans
upon which it takes action and those findings, decisions and recommendations
in relation thereto.
[Ord. 7037, adopted 2-14-1991]
Council may from time to time revise, modify and amend this
Subdivision Ordinance by subsequent ordinance adopted only after a
public hearing on the proposed amendment, held pursuant to public
notice in the manner provided for by the Pennsylvania Municipalities
Planning Code (Act 247 of 1968) as amended by Act 170 of 1988.
