B.
In the case of simple subdivisions, as defined by this chapter, preliminary approval shall be combined with final approval and the procedure for granting approval shall comply with the provisions of § 182-15 of this chapter.
C.
In the case of large tracts of land owned by a single landowner,
the waiver for a simple subdivision shall be granted only once. Regardless
of the number of lots proposed, further subdivisions of the remaining
acreage shall comply with all application requirements for preliminary
and final approval.
A.
In other subdivisions that may exceed the number of lots in the definition of "simple subdivision," but where existing conditions are well-defined, the Planning Commission may exempt the applicant from complying with some of the requirements of §§ 182-11 and 182-13 regarding application content, if warranted.
(1)
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.
B.
The Planning Commission may grant a waiver to any of the application requirements of §§ 182-11 and 182-13 of this chapter, if warranted, provided that such waiver is not contrary to the public interest and such waiver is not in conflict with requirements of any other applicable County or state law or regulation.
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
or this chapter would cause practical difficulty or exceptional and
undue hardship, 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 or the desirable general development of the neighborhood
and the community in accordance with the Borough's Comprehensive
Plan.
A.
When an equal or better specification is available to comply with
the requirements of Appendix A,[1] the Borough Council may make such reasonable modifications
to such requirements of this chapter to allow the use of equal or
better specification, upon recommendation of the Borough Engineer,
provided such modification shall not be contrary to the public interest.
(1)
In approving such modification, Borough Council may attach any reasonable
conditions which may be necessary to ensure adequate public improvements
and protect the public safety.
[1]
Editor's Note: Appendix A is included as an attachment
to this chapter.
A.
Any request for a modification to 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 Borough Council at a public meeting. If warranted, Borough Council
may hold a public hearing pursuant to public notice prior to making
a decision on the request for a modification.
C.
The reasons relied upon by Borough Council in approving or disapproving
the request also shall be entered into the minutes of the meeting
and any resolution or Ordinance adopted governing approval of an application
which contains a request for a modification shall include specific
reference to the modification and the reasons for approval or disapproval.
A.
Application:
(1)
These procedures exist as an option to combine preliminary and final
applications for minor subdivisions and land developments; and a simple
sign-off process for plat adjustments.
(2)
Minor land developments are defined as any of the following: an addition
to an existing building, where such addition will occupy less than
5,000 square feet of land area; or an expansion of an existing parking
lot that will add 25 or fewer parking spaces.
(3)
A subdivision plat adjustment is defined as any of the following:
adjustment of lot lines between lots where no new lots are created,
consolidation of lot lines, survey corrections, or final survey of
property lines for townhouses and other attached dwellings after construction
when in conformance with a previously recorded plan.
