City of Lancaster, PA Article III Administration and modifications

§ 265-12 Modifications and waivers.

A. The provisions of this chapter are minimum standards for the protection of the public welfare. However, the Commission shall have the power to modify any provisions of this chapter as may be necessary in the public interest as follows:

(1) Where the developer can show that the strict application of any provision of this chapter is unreasonable or will cause undue hardship, or that an alternative standard will provide equal or better results, the Commission may modify the strict terms and conditions of the chapter so that substantial justice may be done and the public interest secured; provided, however, that such modification will not have the effect of nullifying the intent and purpose of this chapter.

(2) In granting modifications and waivers, the Commission may impose such conditions as will substantially secure the objectives of the standards or requirements so modified or waived.

B. All requests for modifications to or waivers of chapter standards shall be in writing, shall include the reasons for requesting a modification or waiver and shall be accompanied by the fee referenced in § 265-5.

(1) Any request for a modification of § 265-4B, which requires formal plan submission and approval, shall be accompanied, if required by the City, by a sketch plan in accordance with § 265-19.

(2) Requests for modifications to chapter standards shall accompany the plan submission or precede the submission if recommended by staff.

C. A modification to waive the preliminary and final plan filing requirements may be granted by the Chief Planner for no impact subdivision and land development as per § 265-20, where it is determined by the City of Lancaster Bureau of Planning (hereinafter Planning Bureau) that the proposed subdivision or land development does not exceed the thresholds listed in § 265-20A and B.

§ 265-13 Records.

The Commission shall maintain an accurate public record of all the plans upon which it takes action and of its findings, decisions and recommendations in relation thereto. Likewise, the Planning Bureau shall keep a record of any administrative action it takes with respect to no impact subdivision or land development projects.

§ 265-14 Amendments.

The Commission may, from time to time, recommend to the City Council the need to amend this chapter; however, such amendments shall not be in effect until adopted by ordinance of the City Council.

§ 265-15 Interpretation and conflict.

A. The provisions of this chapter shall be held to be minimum requirements. More stringent provisions may be required by other lawfully adopted City rules, regulations and ordinances and imposed when it can be demonstrated that different standards are necessary in order to promote the public health, safety and welfare.

B. Where the standards imposed by this chapter are either more restrictive or less restrictive than comparable standards imposed by any other applicable law, ordinance, code, regulation or standard, the more restrictive, higher standard shall apply.