[Ord. 73-1, 3/4/1973; as amended by Ord. 94-06-01, 7/26/1994]
1. The Borough
Council, upon recommendation by the Planning Commission, may grant
a modification of requirements of one or more provisions of this Chapter
if the literal enforcement will exact undue hardship because of peculiar
conditions pertaining to the land in question; provided, that such
modification will not be contrary to the public interest and that
the purpose and intent of this Section is observed.
2. All requests
for modifications of requirements shall be submitted by the applicant
and shall accompany and be a part of the application for development.
The request shall state in full the grounds and facts of unreasonableness
or hardship on which the request is based, the provision or provisions
of this Section involved, and the minimum modification necessary.
3. In granting
any modification of requirements, the Borough Council shall record
its action and the grounds for granting any modification to the applicant.
4. Whenever
a request for a modification is denied, the Borough Council shall
record its action and the grounds for such denial in its minutes.
The Borough Council shall transmit a copy of its action and the grounds
for such denial of any modification to the applicant.