1. If the Borough determines that any requirement under this Part cannot be achieved for a particular regulated activity the Borough may, after an evaluation of alternatives, approve measures other than those in this Part, subject to paragraph 2. below of this section. The proposed area of disturbance shall be less than one acre. The request for a modification or waiver shall originate with the landowner, shall be in writing, and shall accompany the Stormwater Management Site Plan submitted to the Borough. The request shall provide the facts on which the request is based, the provisions of the Part involved, and the proposed modification. The Designated Plan Reviewer shall review the request to determine if it meets the requirements of this Part, including paragraph 2. below. If acceptable to the Borough, the Borough may grant the waiver or modification.
2. Waivers or modifications of the requirements of this Part may be approved by the Borough if enforcement will exact undue hardship because of unique physical circumstances or conditions peculiar to the land in question, provided that the modifications will not be contrary or detrimental to the public interest and will achieve the intended outcome, and that the purpose of the Part is preserved. Hardship must be due to such unique physical circumstances or conditions and not to circumstances or conditions generally created by the provisions of the Stormwater Management Ordinance. Cost or financial burden shall not be considered a hardship. Modifications shall not substantially or permanently impair the appropriate use or development of adjacent property. A request for modifications shall be in writing and accompany the Stormwater Management Site Plan submission, as directed in paragraph 1. above.
3. No waiver or modification of any regulated stormwater activity involving earth disturbance greater than or equal to one acre may be granted by the Borough.
(Ord. 946, 11/8/2018, §110)