[Ord. 418, 1/29/2014]
In any particular case where the developer and/or landowner
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 difficultly or exceptional
and undue hardship, the Board of Supervisors may in its discretion
relax such requirements to the extent deemed just and proper, and
subject to such conditions as deemed necessary 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 Township's
Comprehensive Plan.
[Ord. 418, 1/29/2014]
When an equal or better specification is available to comply
with the Township Public Improvements Code or design standards of
this chapter, the Board of Supervisors may in its discretion 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 that such modification shall not
be contrary to the public interest. In approving such modification,
the Board of Supervisors may attach any reasonable conditions, which
may be necessary to assure adequate public improvements and protect
the public safety.
[Ord. 418, 1/29/2014]
1.
Any request for a modification or exception to this chapter authorized
by this Part 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 that are to be modified
and the reasons and justification for the request.
2.
The request for a modification to this chapter shall be considered
by the Board of Supervisors at a public meeting. If warranted, the
Board of Supervisors may hold a public hearing pursuant to public
notice prior to making a decision on the request for a modification
or exception.
3.
If the Planning Commission has not made a recommendation on the request
for modification, the Board of Supervisors may refer the request to
the Planning Commission for a recommendation. If the Planning Commission
has made a recommendation on the request, the recommendation shall
be entered into the minutes of the meeting.
4.
The reasons relied upon by the Board of Supervisors in approving
or disapproving the request 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 or exception shall include
reference to the modification or exception and the reasons for approval
or disapproval.
