A.
Amendments to this chapter shall become effective
only after public notice and a public hearing by the Council.
B.
If the amendment is prepared by the Council, the Council
shall forward a copy of the amendment for Planning Commission review
30 days prior to the public hearing.
C.
All amendments to this chapter shall be forwarded
to the county for review at least 30 days prior to the public hearing.
D.
Within 30 days after adoption, the Council shall forward
a certified copy of the amendment to the county.
A.
Grant of power. The Planning Commission may grant
a modification of the requirements of one or more provisions of this
chapter if the literal enforcement will exact undue hardship because
of peculiar conditions pertaining to the land in question, provided
that such modification will not be contrary to the public interest
or the Comprehensive Plan and that the purpose of and intent of this
chapter is observed.
B.
Hardship, small subdivisions. On written application
and in unique situations, where topographic or other conditions are
such that compliance with the foregoing regulations would cause practical
difficulty and unnecessary hardship, the Planning Commission may reduce
the minimum requirements of the regulations within the spirit and
meaning thereof.
C.
Less than five lots. In a subdivision of less than
five lots, the Planning Commission may approve or reject the subdivision
according to the standards set forth herein and may waive certain
requirements for topographic maps, streets, utilities and storm drainage,
which are not required. Approval of the preliminary and final plans
may be concurrent in those cases.
D.
All requests for modification shall be in writing
and shall accompany and be a part of the application for development.
The request shall state in full the grounds and facts of unreasonableness
or hardship on which the request is based, the provision or provisions
of this chapter involved and the minimum modification necessary. A
waiver or modification of any provision of this chapter shall be reported
in the written recommendation of the Planning Commission to the governing
body.
E.
The Planning Commission shall keep a written record
of all action on all requests for modifications.
The Commission shall keep a record of its findings,
decisions and recommendations to all subdivision plans filed with
it for review. Such records shall be open to the public for review.
If any provision of this chapter is found to be in conflict with any provision of the Building Code (Chapter 108), Plumbing Code (Chapter 147), Housing Code (Chapter 132), Electrical Code (Chapter 121), Fire Prevention Code (Chapter 279) or Zoning Ordinance (Chapter 166) for Latrobe in force on the effective date of this chapter, the provision which establishes the highest standard for the promotion and protection of the health, safety and welfare of the people shall prevail.
The Pennsylvania Municipalities Planning Code
(PMPC) (Act of 1968, P.L. 805, No. 247, reenacted and amended December
21, 1988, P.L. 1329, No. 170)[1] shall supersede any provision of this chapter which may
be in conflict with the PMPC. This chapter shall be interpreted to
conform to the extent that the provisions of the PMPC shall be substituted
and read into this chapter for any conflicting provision.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
