[Ord. 381, 11/14/2005, § 400]
1. 
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, 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.
2. 
Borough Council 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 Zoning Ordinance [Chapter 27] shall be within the sole discretion of the Zoning Hearing Board.
[Ord. 381, 11/14/2005, § 401]
When an equal or better specification is available to comply with the construction standards or the design standards of this chapter, 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 such modification will not be contrary to the public interest. In approving such modification, Borough Council may attach any reasonable conditions that may be necessary to assure adequate public improvements and protect the public safety.
[Ord. 381, 11/14/2005, § 402]
1. 
Any request for a modification to any requirement of this chapter authorized by this chapter 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.
2. 
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.
3. 
If the Planning Commission has not made a recommendation on the request for modification, Borough Council 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.
4. 
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 an application which contains a request for a modification shall include specific reference to the modification and the reasons for approval or disapproval.
5. 
If a modification is granted by Borough 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 Borough Council.