A.
Minimum requirements. The regulations embodied in this chapter are
the minimum standards for the protection of the public welfare. When
special circumstances warrant, the Borough may impose stricter standards.
B.
Hardship modifications. Where a provision of this chapter would cause
unique and undue hardship as it applies to a particular property,
the Borough Council or Planning Commission, whoever has authority,
may grant a variance from the strict application of the terms of this
chapter if the variation will not be detrimental to the general welfare,
nullify the objectives of those regulations or conflict with the Comprehensive
Plan. In granting the hardship modification, the Council or Commission
may impose conditions which will substantially secure compliance with
the purposes of this chapter.
C.
Procedures. In cases of major subdivisions or land developments,
the Planning Commission shall have the right to recommend to the Borough
Council modifications to the regulations in individual cases as may
be necessary in the public interest; provided, however, that such
modifications shall not have the effect of nullifying the intent and
purpose of these regulations. The list of suggested modifications
and the specific reasons for such change shall be entered in the minutes
of the Planning Commission, and a copy of this entry shall be transmitted
to the Council. The Council may then alter the land development plans
and specify changes of modifications therein which it deems necessary
and may make its approval subject to such alterations, changes or
modifications. Upon approval, said modifications shall be clearly
defined and entered on the final plan.
The Borough Council may on its own motion or upon recommendation
of the Planning Commission amend, supplement or repeal any portion
of this chapter. Amendments to this chapter shall become effective
only after a public hearing held pursuant to public notice. In addition,
in case of an amendment other than that prepared by the Planning Commission,
the Council shall submit each such amendment to the Planning Commission
for recommendations at least 30 days prior to the date fixed for the
public hearing on such proposed amendment.
