(A) (1) (a) An applicant seeking a modification or waiver to this chapter shall submit to the township staff a request in writing that states:
1. The specific chapter section(s) involved; and
2. The reasons for the request.
(b) The staff shall provide the request to the Planning Commission for a recommendation. After the Planning Commission has had an opportunity for review at a meeting, the Board of Supervisors may in writing grant a waiver or modification to the specific requirements of this chapter.
(2) This section is established under § 503(8) of the State Municipalities Planning Code, being 53 P.S. §§ 10503(8), which authorizes waivers and modifications “when the literal compliance with mandatory provisions is shown to the satisfaction of the” Board of Supervisors “to be unreasonable, to cause undue hardship or when an alternative standard can be demonstrated to provide equal or better results.”
(3) A modification involves the Supervisors approving a specific alternative standard, while a waiver involves the Supervisors removing a specific requirement as it pertains to an application.
(B) The applicant must prove that the request will meet one or more of the following conditions:
(1) Avoid an undue hardship that was not self-created and that is not financial in nature, and that results from the peculiar and uncommon conditions of the property;
(2) Avoid a clearly unreasonable requirement; or
(3) Allow an alternative standard that is clearly proven by the applicant to provide equal or better results.
(C) Additional modifications allowed.
(1) In addition to the authority granted above, the Board of Supervisors shall have the authority to modify specific requirements of this chapter listed in division (C)(2) below for an application in order:
(a) To result in a higher quality site design, including a design that is more pedestrian-friendly, encourages lower speed traffic on residential roads and/or promotes patterns of development similar to traditional villages; and/or
(b) To significantly minimize adverse impacts upon important natural features, scenic views and historic buildings.
(2) A modification under this division (C) shall not be primarily intended to result in the allowance of a higher number of lots/dwelling units on a tract than would otherwise be possible. A modification under this section may include the following:
(a) Reduction in the minimum horizontal curve radius of roads to promote lower-speed traffic;
(b) Variations in the design of cul-de-sac road ends;
(c) Reduction of road cartway widths and provisions for alleys to provide rear access to properties, considering the expected traffic volumes, on-street parking and traffic speeds;
(d) Allowance of roadside drainage swales without curbing where curbing is not necessary for stormwater management reasons;
(e) Variations in landscaping and buffer yard requirements that still achieve a similar effect to what would otherwise be required;
(f) Allowance of shared driveways where necessary to minimize impacts upon natural resources and to manage traffic access onto through roads; and
(g) Allowance of flag lots where necessary to minimize impacts upon natural resources.
(Ord. 127, passed 3-18-2010)