The Borough Council or the Planning Commission, if authorized
to approve applications within the Subdivision and Land Development
Ordinance, may grant a waiver of the requirements of one or more provisions
if the literal enforcement will exact undue hardship because of peculiar
conditions pertaining to the land in question, provided that such
waiver will not be contrary to the public interest and that the purpose
and intent of the ordinance are observed.
All requests for a waiver shall be in writing and shall accompany
and be a part of the application for development. The request shall
state in full the grounds and facts of unreasonableness or hardship
on which the request is based, the provision or provisions of the
ordinance involved and the minimum modification necessary.
If approval power is reserved by the Borough Council, the request
for waiver may be referred to the planning agency for advisory comments.
The Borough Council or the planning agency, as the case may
be, shall keep a written record of all action on all requests for
waivers.
