A.
In the case of simple subdivisions, as defined by this chapter, a preliminary application and filing fee as required by §§ 250-10 and 250-11 of this chapter shall not be required, provided that the requirements for submission of a final application specified in §§ 250-12 and 250-13 of this chapter are met.
B.
In the case of simple subdivisions, as defined by this chapter, preliminary approval shall be combined with final approval, and the procedure for granting approval shall comply with the provisions of § 250-16 of this chapter.
C.
In the case of large tracts of land owned by a single landowner,
the waiver for a simple subdivision shall be granted only once. Regardless
of the number of lots proposed, further subdivisions of the remaining
acreage shall comply with all application requirements for preliminary
and final approval.
A.
In other simple subdivisions which may exceed the number of lots in the definition of a simple subdivision, but where existing conditions are well-defined, the Planning Commission may exempt the applicant from complying with some of the requirements of §§ 250-11 and 250-13 regarding application content, if warranted. Applicants desiring to obtain a waiver of certain application requirements under the provisions of this section shall submit a written request when submitting an application for preliminary approval.
B.
The Planning Commission may grant a waiver to any of the application requirements of §§ 250-11 and 250-13 of this chapter, if warranted, provided that such waiver is not contrary to the public interest and such waiver is not in conflict with the requirements of any other applicable county or state law or regulation. In the event that the Planning Commission does not grant a waiver of the application requirements, the application shall be considered incomplete and the Commission shall return the application for resubmission and compliance with all requirements of §§ 250-11 and 250-13 of this chapter.
In any particular case where the developer can show by plan
and written statement that, by reason of exceptional topographic or
other physical conditions, strict compliance with any requirement
of this chapter would cause practical difficulty or exceptional and
undue hardship, the Board of Commissioners may relax such requirements
to the extent deemed just and proper so as to relieve such difficulty
or hardship, provided that such relief may be granted without detriment
to the public good and without impairing the intent and purpose of
this chapter or the desirable general development of the neighborhood
and the community in accordance with the Township's Comprehensive
Plan.
When an equal or better specification is available to comply
with the Township Public Improvements Code or design standards of
this chapter, the Board of Commissioners may make such reasonable
modifications to such requirements of this chapter to allow the use
of the equal or better specification, upon recommendation of the Township
Engineer, provided such modification shall not be contrary to the
public interest. In approving such modification, the Board of Commissioners
may attach any reasonable conditions which may be necessary to assure
adequate public improvements and protect the public safety.
A.
Any request for a modification to this chapter authorized by this
article shall be submitted in writing by the applicant as part of
the application for approval of a preliminary or final application,
stating the specific requirements of this chapter which are to be
modified and the reasons and justification for the request.
B.
The request for a modification to this chapter shall be considered
by the Board of Commissioners at a public meeting. If warranted, the
Board of Commissioners may hold a public hearing pursuant to public
notice prior to making a decision on the request for modification.
C.
The reasons relied upon by the Board of Commissioners in approving
or disapproving the request also shall be entered into the minutes
of the meeting, and any resolution or ordinance adopted governing
approval of an application which contains a request for a modification
shall include specific reference to the modification and the reasons
for approval or disapproval.
