A.
In a subdivision of 10 lots or fewer or a land development plan that proposes construction of a building or an addition to a building of 10,000 square feet or less, where conditions are well-defined, the Planning Commission, upon recommendation of the Township Engineer, may waive some of the requirements of § 215-13, 215-23, 215-26, 215-39 or 215-42 of this chapter regarding content of the applications for preliminary or final approval, if warranted.
B.
Applicants desiring to obtain a waiver of certain
application requirements under the provision of this section shall
submit a written request with the application for preliminary or final
approval. The Planning Commission may grant a waiver of some or all
of the requested application requirements, if warranted, provided
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.
C.
In the event that the Planning Commission does not grant a waiver of one or more 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 §§ 215-13, 215-23, 215-26, 215-39 and 215-42.
In the case of lot line adjustments involving no more than three lots of record in plans previously approved by the Township and recorded in the Office of the Allegheny County Recorder of Deeds, the preliminary and final application requirements of Article III shall be waived and the approval of the revised plat for recording shall be granted by the Township Manager, subject to the recommendation of the Township Engineer, provided that all lots comply with the minimum requirements of the Township Zoning Ordinance. Upon approval by the Township Manager, the proper officers of the Township shall be authorized to sign the plat for recording purposes.
A.
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.
B.
The Board of Commissioners shall have the authority
to consider modifications in cases of physical hardship only in the
case of requirements of this chapter which do not involve zoning regulations.
Relief from any provision of the Township Zoning Ordinance shall be
within the sole discretion of the Zoning Hearing Board.
When, an equal or better specification is available
to comply with the Township Construction Standards or the 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 will 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 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 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 a modification.
C.
If the Planning Commission has not made a recommendation
on the request for modification, the Board of Commissioners shall
refer the request to the Planning Commission for a recommendation.
In all cases, the Planning Commission recommendation shall be entered
into the official record of the meeting.
D.
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 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 the Board of Commissioners,
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 the Board of Commissioners.
