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, 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.
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.