[Amended 4-10-2012 by Ord. No. 434]
The governing body 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, or if an equal or better specification is
available to comply with the Borough construction standards or the
design standards of this chapter, provided that such modification
will not be contrary to the public interest and that the purpose and
intent of the chapter is observed.
A. All requests for a 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 or detailed comparative information
about the equal or better specification proposed, whichever is applicable,
the exact provision or provisions of this chapter to be modified and
the minimum modification necessary.
B. The request for modification shall be referred to the Borough Planning
Commission for advisory comments.
C. A request for a modification to authorize an equal or better specification
shall be referred to the Borough Engineer for advisory comment.
D. The reasons relied upon by Borough Council in approving or disapproving
the request shall be entered into the minutes of the Borough Council
meeting at which action is taken.
E. Any resolution adopted governing an application for which a modification
has been granted or denied shall include specific reference to the
modification and the reasons for approval or disapproval.
F. Whenever a modification is granted by Borough Council, the final
plat for recording shall contain a notation indicating the substance
of the modification granted and the date of approval by Borough Council.
G. Borough Council and the Planning Commission shall keep a written
record of all action on all requests for modifications.
[Amended 4-10-2012 by Ord. No. 434]
Borough Council may, from time to time, amend this chapter in
accordance with the following provisions:
A. Planning Commission review. In the case of amendments other than
those prepared by the Borough Planning Commission, Borough Council
shall submit the proposed amendment to the Planning Commission for
recommendation at least 30 days prior to the date fixed for the public
hearing on the proposed amendment.
B. County Planning Commission review. The proposed amendment shall be
submitted to the Beaver County Planning Commission for review and
recommendation at least 30 days prior to the public hearing on the
amendment.
C. Public hearing. Before voting on enactment on an amendment, Borough
Council shall hold a public hearing thereon pursuant to public notice,
as defined herein. Borough Council shall not conduct its public hearing
until comments are received from the Beaver County Planning Commission
or until the expiration of 30 days from the date the amendment was
sent to the county.
D. Publication, advertisement and availability of ordinance.
(1) Proposed amendments shall not be enacted unless public notice, as
defined herein, of the proposed enactment is given, including the
time and place of the meeting at which passage will be considered,
and a reference to a place within the Borough where copies of the
proposed amendment may be examined without charge or obtained for
a charge not greater than the cost thereof.
(2) Borough Council shall publish the proposed amendment once in one
newspaper of general circulation in the Borough not more than 60 nor
less than seven days prior to passage. Publication of the proposed
amendment shall include either the full text thereof or the title
and a brief summary prepared by the Borough Solicitor and setting
forth all the provisions in reasonable detail. If the full text is
not included:
(a)
A copy thereof shall be supplied to a newspaper of general circulation
in the Borough at the time the public notice is published.
(b)
An attested copy of the proposed amendment shall be filed in
the County Law Library or other county office designated by the County
Commissioners, who may impose a fee no greater than that necessary
to cover the actual costs of storing said ordinances.
(c)
In the event substantial amendments are made in the proposed
amendment, before voting upon enactment, Borough Council shall, at
least 10 days prior to enactment, readvertise in one newspaper of
general circulation in the Borough, a brief summary setting forth
all the provisions in reasonable detail together with a summary of
the amendments.
(d)
Subdivision and land development amendments may be incorporated
into official ordinance books by reference with the same force and
effect as if duly recorded herein.
E. Filing after enactment. Within 30 days after adoption, the Borough
Secretary shall forward a certified copy of the amendment to the Beaver
County Planning Commission.