(A) The borough may hear requests for waivers where it is alleged that the provisions of this chapter inflict unnecessary hardship upon the applicant. The waiver request shall be in writing and accompanied by the requisite fee based upon a fee schedule adopted by the borough. A copy of the waiver request shall be provided to each of the following: borough; Borough Engineer; Borough Solicitor; and Lehigh Valley Planning Commission. The request shall fully document the nature of the alleged hardship.
(B) The borough may grant a waiver provided that all of the following findings are made in a given case:
(1) There are unique physical circumstances or conditions, including irregularity of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property, and that the unnecessary hardship is due to such conditions, and not the circumstances or conditions generally created by the provisions of this chapter in the stormwater management district in which the property is located;
(2) Because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of this chapter, including the “no harm” provisions, and that the authorization of a waiver is therefore necessary to enable the reasonable use of the property;
(3) Such unnecessary hardship has not been created by the applicant;
(4) The waiver, if authorized, will represent the minimum waiver that will afford relief and will represent the least modification possible of the regulation in issue; and
(5) Financial hardship is not the criteria for granting of a hardship waiver.
(C) In granting any waiver, the borough may attach such conditions and safeguards as it may deem necessary to implement the purposes of this chapter. If a hardship waiver is granted, the applicant must still manage the quantity, velocity, direction and quality of resulting storm runoff as is necessary to prevent injury to health, safety or other property.
(1) For regulated activities described in § 153.005(B)(1) and (B)(2), the Borough Council shall hear requests for and decide on hardship waiver requests on behalf of the borough.
(2) For regulated activities in § 153.005(B)(3) through (B)(7), the Zoning Hearing Board shall hear requests for and decide on hardship waiver requests on behalf of the borough.
(Ord. 226-2007, passed 5-7-2007)