In other subdivisions which exceed the number of lots specified in the definition of "minor subdivision," but which meet all other aspects of the definition of "minor subdivision," and where all adjoining property is recorded in a plan of subdivision, the Planning Commission may exempt the applicant from complying with some of the requirements of §§
183-11 and
183-14 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. The Planning Commission may grant a waiver to any of the application requirements of §§
183-11 and
183-14 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 §§
183-11 and
183-14 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 Borough Council 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 of the desirable general development of the neighborhood
and the community in accordance with the Borough's Comprehensive
Plan.
When an equal or better specification is available to comply
with the Borough's construction standards or design standards of this chapter, the Borough Council
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 Borough Engineer, provided that such modification
will not be contrary to the public interest. In approving such modification,
the Borough Council may attach any reasonable conditions which may
be necessary to assure adequate public improvements and to protect
the public safety.