The Murrysville Council may grant a modification
of the requirements of one or more provisions of this chapter if the
literal enforcement will exact undue hardship because of particular
conditions pertaining to the land in question.
When an equal or better specification is available
to comply with the infrastructure improvement and development specifications
or the design standards of this chapter, Murrysville Council may make
such reasonable modifications to such requirements of this chapter
to allow the use of the equal or better specification, upon favorable
recommendation of the Municipal Engineer, provided such modification
will not be contrary to the public interest. In approving such modification,
Council 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 any requirement
of 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 Murrysville Council at a public meeting. If warranted,
the Council may hold a public hearing pursuant to public notice prior
to making a decision on the request for a modification.
C.
If the Planning Commission or Municipal Engineer has
not made a recommendation on the request for modification, Council
shall refer the request to the Planning Commission and/or Municipal
Engineer for a recommendation prior to taking action on the request.
In all cases, the Planning Commission recommendation and Municipal
Engineer's recommendation shall be entered into the official record
of the meeting.
D.
The reasons relied upon by Council in approving or
disapproving the request also shall be entered into the minutes of
the meeting and any resolution or ordinance adopted governing an application
which contains a request for a modification shall include specific
reference to the modification and the reasons for approval or disapproval.
E.
If a modification is granted by Council, a notation
shall be placed on the final subdivision plat for recording or the
land development plan granted final approval which indicates the nature
of the modification granted and the date of approval of the modification
by Council.
