§ 155.185 MODIFICATION MAY BE GRANTED.

   From time to time, a situation may arise where the standards of this chapter cause an undue hardship or prove unreasonable in application. Faced with this situation a modification or alteration of requirements can be granted from the literal application of the standards; however, modifications cannot be contrary to the public interest and must observe the basic purpose and intent of this chapter.

(Ord. 2-2011, passed 10-6-2011)

§ 155.186 MODIFICATION TO BE MINIMUM REQUIRED.

   Assurance must be provided that any modification is absolutely necessary and represents the minimum possible modification. Unusual physical circumstances may involve minor adjustments in curve radii, street grade or slope, cul-de-sac length or problems over the width of an existing right-of-way. In most cases, minor design modifications will not jeopardize public safety.

(Ord. 2-2011, passed 10-6-2011)

§ 155.187 REQUEST FOR MODIFICATION.

   Any request must be submitted in writing, citing the specific provisions or standards from which relief is requested, and should be part of the preliminary or final plan submission. A request states in full the grounds and facts of unreasonableness or hardship upon which the request is based, the provisions of the ordinance involved and the exact alteration or modification necessary. A record of the request should appear in the official minutes of the Township Board of Supervisors. This record documents the reasons for the request, facts of unreasonableness and any action taken on the request. Any relief approved should represent the minimum or least possible modification of the standard.

(Ord. 2-2011, passed 10-6-2011)

ADMINISTRATION, AMENDMENT AND ENFORCEMENT

§ 155.200 REVISION AND AMENDMENT.

   The Township Board of Supervisors may revise or amend in whole or in part these regulations; provided, however, that the amendment thereof shall be accomplished in accordance with the provisions of § 505 of the Act of July 31, 1968, Pub. L. No. 247 (53 P.S. § 10505) as supplemented and amended.

(Ord. 2-2011, passed 10-6-2011)

§ 155.201 MODIFICATION OF REQUIREMENTS.

   (A)   Modified standards. The provisions of these regulations are the minimum standards for the protection of the public welfare. The Township Board of Supervisors reserves the right to modify or to extend these regulations as may be necessary in the public interest.

   (B)   Waiver. If a majority of the Township Board of Supervisors feels that this chapter causes undue hardship upon a particular subdivision, it may grant a waiver, provided that it does not nullify the intent and purpose of this chapter. In granting waivers, the Township Board of Supervisors may impose such conditions as will, in its judgment, advance the achievement of the intent of this chapter. The standards and requirements of these regulations may be modified by the Township Board of Supervisors in the case of a plan or program for complete community, new town, neighborhood, cluster subdivision or mobile home park which in the judgment of the Township Board of Supervisors provides adequate open and public spaces and improvements for circulation, recreation, light, air and service needs of the tract when fully developed and populated and which also provides such covenants or other legal provisions which will assure conformity to and achievement of the development goals of the township.

(Ord. 2-2011, passed 10-6-2011)

§ 155.202 RECONSIDERATION AND APPEAL.

   (A)   Any subdividers aggrieved by a finding, decision or recommendation of the Township Board of Supervisors may request and shall receive another opportunity to appear before the Township Board of Supervisors to present additional relevant information. This request shall be in writing within 30 days after the original date of action by the Township Board of Supervisors.

   (B)   Upon receipt of such appeal, the Township Board of Supervisors shall hold a hearing after proper notification of all parties concerned and in a manner prescribed by law.

   (C)   After such hearing, the Township Board of Supervisors may affirm or reverse the original action of the Township Board of Supervisors by a recorded vote and in the manner prescribed by law. The findings and reasons for the disposition of the appeal shall be stated on the records of the Township Board of Supervisors. Affirmative action shall authorize the subdividers to continue application from the point at which it was interrupted.

   (D)   Any person aggrieved by action of the Board of Supervisors may appeal within 30 days directly to the Court of Common Pleas of the county in accordance with and in a manner prescribed by law.

(Ord. 2-2011, passed 10-6-2011)