(A) (1) An applicant seeking a modification or exception to this chapter shall submit to the borough staff a request in writing that states:
(a) The specific subchapter, section(s) involved; and
(b) The reasons for the request.
(2) (a) The staff shall provide the request to the Planning Commission for a recommendation.
(b) After the Planning Commission has had an opportunity to review the request at a meeting, Borough Council may by written resolution grant a waiver or modifications to those specific requirements of this chapter.
(B) The applicant must prove that the waiver or modification will meet one or more of the following conditions:
(1) Avoid an undue hardship that was not self-created and that results from the peculiar and uncommon conditions of the property;
(2) Avoid a clearly unreasonable requirement that would not serve any valid public purpose;
(3) Allow an alternative standard that is clearly proven by the applicant to provide equal or better results;
(4) Allow a layout or improvements that would clearly be more in the public interest than what would occur if the modification were not granted; and
(5) Remove a requirement that is not applicable, especially because of the small size of the proposed subdivision or land development.
(Ord. passed 2-3-1992)