The requirements of this chapter are minimum standards for the protection and promotion of the public health, safety, and welfare. The regulations preserve public order and establish interactions among citizens in a way that prevents a conflict of rights. The regulations ensure the uninterrupted enjoyment of rights by all of the citizenry by guiding development and growth and to permit the Borough to minimize such problems as may presently exist or which may be foreseen. Modifications should only be granted to encourage flexibility and ingenuity in the layout and design of subdivisions and land developments when meeting the intent and purpose of this chapter; when literal compliance would be unreasonable, cause undue hardship, or when an alternative standard is demonstrated to provide equal or better results; and if the modification would not be contrary to the public interest.
A. 
Purpose. The provisions of these regulations are intended as a minimum standard for the protection of the public health, safety and general welfare. If the literal compliance with any mandatory provision of these regulations is demonstrated by the applicant to be unreasonable and to cause undue hardship because of peculiar conditions pertaining to the particular property, and if the applicant demonstrates that an alternative proposal will provide equal or better results, the Planning Commission may grant a modification from such mandatory provision, so that substantial justice may be done and the public interest secured while permitting the reasonable utilization of the property. However, the granting of a modification shall not have the effect of making null and void the purpose and/or intent of this chapter.
B. 
Procedure. All requests for modifications shall be made in accordance with Section 512.1 of the PMPC, as amended,[1] and considered by the Planning Commission. The request shall be accompanied by a plan prepared at least to the minimum standards of a sketch plan (see § 190-23). The applicant shall demonstrate that the alternative proposal represents the minimum modification necessary, or that an alternative standard will provide equal or better results, provided that such modification will not be contrary to the public interest and that the purpose and intent of this chapter is observed. If the Planning Commission determines that the applicant has met his burden, it may grant a modification from the literal compliance with the terms of this chapter.
[1]
Editor's Note: See 53 P.S. § 10512.1.
C. 
Authority to impose conditions. In granting a modification, the Planning Commission may impose such conditions, as will, in its judgment, secure substantially the objectives of the standards and requirements of this chapter.
D. 
Time extension modifications. In instances where the applicant requires additional time to resolve outstanding conditions of approval, a written request shall be submitted for consideration of review by the Planning Commission prior to the deadline for plan recordation. The written request must include an explanation necessary to justify the time extension.
When a plan, whether preliminary or final, has been approved subject to conditions, and when the applicant rejects one or all of the conditions, the applicant shall so notify the Borough in writing within 30 days of the date of the Planning Commission's action. Such notification of rejection of one or more of the conditions of approval shall serve to automatically rescind the approval of the plan. Failure by the applicant to notify the Borough of rejection of one or more of the conditions of approval within the time so specified shall serve as notice of acceptance of the conditions of approval and that the applicant intends to fully comply with the conditions unless such condition is invalidated by final order of court upon appeal thereto by the applicant.
Any person aggrieved by a finding, decision or recommendation of the Planning Commission with respect to the approval or disapproval of a plan or request for modification may appeal as provided for in the PMPC and other relevant statutes and rules.
A. 
Review fee. Each subdivision, land development, or sketch plan application shall be accompanied by the required review fee as established and adopted by ordinance or resolution from time to time by Council. Fees shall be payable to the Borough at the time of application (unless otherwise noted herein) and plan processing, approval and recording shall not be completed until all required fees are paid. There shall be no refund or credit of fees or a portion of any fee should the applicant withdraw the plan during the review process or fail to receive plan approval.
B. 
Professional service fees. In addition to the required review fee, it is anticipated that additional expenses will be incurred by the Borough in processing the preliminary and/or final plans which are submitted or which may be required to be submitted under this chapter, for engineering, legal or other professional consultant expenses. If the fees are not sufficient to cover these expenses incurred in the review of said plans, the Borough shall notify the applicant of the additional expense and request payment of the same. All payment requested by the Borough for engineering, legal or other professional expense shall be the actual cost of the services incurred by the Borough and shall be paid for by the applicant. These services shall be billed at the normal established rate for engineering or legal services provided to the Borough.