It is the intention of the Board of Commissioners to exercise,
through adoption of this chapter, the maximum lawful jurisdiction
over subdivision and land development permitted by the Pennsylvania
Municipalities Planning Code, its amendments or successors. Without limitation, in the
exercise of this power, the following are subject to the provisions
hereof:
No lot, unit or other section of a subdivision shall be sold,
leased or otherwise transferred nor shall a building permit be issued
unless a final plan has been approved and recorded.
[Amended 8-16-1989 by Ord. No. 387]
A. The Board of Commissioners may waive or modify any mandatory provision
of this chapter when the literal compliance with a mandatory provision
is shown to the satisfaction of the Board of Commissioners to be unreasonable
or to cause undue hardship because of peculiar conditions pertaining
to the land in question, provided that a modification will not be
contrary to the public interest or when an alternative standard can
be demonstrated to provide equal or better results.
B. All requests for modification shall be in writing and shall accompany
and be a part of the subdivision or land development application.
The request shall:
(1) State, in full, the grounds and facts of unreasonableness or hardship
on which the request is based.
(2) State the provision or provisions of the ordinance involved.
(3) State the minimum modification necessary to overcome the unreasonableness
or hardship.
Any division of land by lease for agricultural purposes into parcels of more than 10 acres and not involving any new street or easement of access or residential dwellings shall be exempt from this chapter except as provided under §
180-18.