[Amended 6-8-1993 by Ord. No. 863]
A. The Borough Council may grant a modification of the 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 chapter is observed.
B. All requests for a modification shall be in writing 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 chapter
involved and the minimum modification necessary.
C. The request for modification shall be referred to the
Planning Commission for advisory comments.
D. The Borough Council shall keep a written record of all
action on all requests for modifications.
In granting variances and modifications the Borough Council may require
such conditions as will, in its judgment, secure substantially the objectives
of the standards or requirements so varied or modified.
[Amended 6-8-1993 by Ord. No. 863]
A. Review fees shall include the reasonable and necessary
charges by the Borough's professional consultants or engineer for review and
report to the Borough, and shall be set by resolution. Such review fees shall
be reasonable and in accordance with the ordinary and customary charges by
the Borough Engineer or consultant for similar service in the community, but
in no event shall the fees exceed the rate or cost charged by the engineer
or consultant to the Borough when fees are not reimbursed or otherwise imposed
on applicants.
B. In the event the applicant disputes the amount of any
such review fees, the applicant shall, within 10 days of the billing date,
notify the Borough that such fees are disputed, in which case the Borough
shall not delay or disapprove a subdivision or land development application
due to the applicant's request over disputed fees.
C. In the event that the Borough and the applicant cannot
agree on the amount of review fees which are reasonable and necessary, then
the fees shall be recalculated and recertified by another professional engineer
licensed as such in this Commonwealth and chosen mutually by the Borough and
the applicant or developer. The estimate certified by the third engineer shall
be presumed fair and reasonable and shall be the final estimate. In the event
that a third engineer is so chosen, fees for the services of said engineer
shall be paid equally by the Borough and the applicant or developer.
[Amended 6-8-1993 by Ord. No. 863]
The following are exempt or partially exempt from the provisions of
this chapter:
A. The conversion of an existing single-family detached
dwelling or single family semi-detached dwelling into not more than three
residential units, unless such units are intended to be a condominium;
B. The addition of an accessory building, including farm
buildings, on a lot or lots subordinate to an existing principal building;
or
C. The addition or conversion of buildings or rides within
the confines of an enterprise which would be considered an amusement park.
For the purposes of this subsection, an amusement park is defined as a tract
or area used principally as a location for permanent amusement structures
or rides. This exclusion shall not apply to newly acquired acreage by an amusement
park until initial plans for the expanded area have been approved by proper
authorities.
[Amended 6-8-1993 by Ord. No. 863]
Changes in this chapter shall affect plats as follows:
A. From the time an application for approval of a plat,
whether preliminary or final, is duly filed as provided in this chapter, and
while such application is pending approval or disapproval, no change or amendment
of this chapter, zoning or other governing ordinance or plan shall affect
the decision on such application adversely to the applicant and the applicant
shall be entitled to a decision in accordance with the provisions of the governing
ordinances or plans as they stood at the time the application was duly approved.
The applicant shall be entitled to final approval in accordance with the terms
of the approved preliminary application as hereinafter provided. However,
if an application is properly and finally denied, any subsequent application
shall be subject to the intervening change in governing regulations.
B. When an application for approval of a plat, whether preliminary
or final, has been approved without conditions or approved by the applicant's
acceptance of conditions, no subsequent change or amendment in this chapter,
zoning or other governing ordinance or plan shall be applied to affect adversely
the right of the applicant to commence and to complete any aspect of the approved
development in accordance with the terms of such approval within five years
from such approval.
C. Where final approval is preceded by preliminary approval,
the aforesaid five-year period shall be counted from the date of the preliminary
approval. In the case of any doubt as to the terms of a preliminary approval,
the terms shall be construed in the light of the provisions of this chapter
or the governing ordinance or plans as they stood at the time when the application
for such approval was duly filed.
D. Where the landowner has substantially completed the required
improvements as depicted upon the final plat within the aforesaid five-year
limit, or any extension thereof as may be granted by the Borough Council,
no change of any ordinance or plan enacted subsequent to the date of filing
of the preliminary plat shall modify or revoke any aspect of the approved
final plat pertaining to zoning classification or density, lot, building,
street or utility location.
E. In the case of a preliminary plat calling for the installation
of improvements beyond the five-year period, a schedule shall be filed by
the landowner with the preliminary plat delineating all proposed sections
as well as deadlines within which applications for final plat approval of
each section are intended to be filed. Such schedule shall be updated annually
by the applicant on or before the anniversary of the preliminary plat approval,
until final plat approval of the final section has been granted and any modification
in the aforesaid schedule shall be subject to approval of the Borough Council
in its discretion.
F. Each section in any residential subdivision or land development,
except for the last section, shall contain a minimum of 25% of the total number
of dwelling units as depicted on the preliminary plan, unless a lesser percentage
is approved by the Borough Council in its discretion. Provided the landowner
has not defaulted with regard to or violated any of the conditions of the
preliminary plat approval, including compliance with landowner's aforesaid
schedule of submission of final plats for the various sections, then the aforesaid
protections afforded by substantially completing the improvements depicted
upon the final plat within five years shall apply and for any section or sections,
beyond the initial section, in which the required improvements have not been
substantially completed within said five-year period the aforesaid protections
shall apply for an additional term or terms of three years from the date of
final plat approval for each section.
G. Failure of landowner to adhere to the aforesaid schedule
of submission of final plats for the various sections shall subject any such
section to any and all changes in this chapter, zoning, and other governing
ordinance enacted by the Borough subsequent to the date of the initial preliminary
plan submission.
It is hereby declared to be the legislative intent that:
A. If a court of competent jurisdiction declares any provision
of this chapter to be invalid or ineffective in whole or in part, the effect
of such decision shall be limited to those provisions which are expressly
stated in the decision to be invalid or ineffective, and all other provisions
of this chapter shall continue to be separately and fully effective.
B. If a court of competent jurisdiction finds the application
of any provision of this chapter to a lot, building or other structure, or
tract of land, to be invalid or ineffective, in whole or in part, the effect
of such decision shall be limited to the person, property, or situation immediately
involved in the controversy, and the application of any such provision to
other persons, property, or situations shall not be affected.