§ 395-57. Modifications.  


Latest version.
  • A. 
    The Borough Council, after receiving a written request for a modification and written grounds for the modification, and after receiving the recommendation of the Planning Commission by written resolution, shall have the power to grant modifications to the specific requirements of this chapter, where the applicant proves to the satisfaction of the Borough Council that, owing to special conditions, a modification is needed to:
    (1) 
    Avoid an undue hardship that would result because of the peculiar and uncommon conditions pertaining to the land in question and that such hardship was not self-created;
    (2) 
    Avoid the imposition of a clearly unreasonable requirement that would not serve any valid public purpose; or
    (3) 
    Allow an alternative standard that is clearly proven to provide equal or better results.
    B. 
    A modification of provisions of this chapter shall not be granted if such modification would be contrary to the public interest or would not observe the purpose and intent of this chapter.
    C. 
    No changes, erasures, modifications or revisions shall be made in any plan of a subdivision or land development after the plan has been endorsed by the Borough Council unless the plan is first resubmitted to and approved by the Council in accordance with the provisions of this chapter.