Part 7
Modifications and Variances

§22-701 Hardship.

1.    Variances.

A.    The Borough Council may grant a variance or modification to the requirements of one or more provisions of this Chapter if the literal enforcement will exact undue hardship or be an extreme practical difficulty because of peculiar conditions pertaining to the land in question, provided that the variance will not be contrary to the public interest and that the purpose and intent of this Chapter is observed. [Ord. 650]

B.    In granting such variances or modifications, the Council may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so modified.

(Ord. 465, 1/8/1979, §701; as amended by Ord. 650, 11/30/1995, §3(n))

§22-702 Reconsideration.

Any subdivider aggrieved by a finding, decision or recommendation of the Council may request and receive opportunity to appear before the Council, present additional relevant information, and request reconsideration of original finding, decision or recommendation.

(Ord. 465, 1/8/1979, §702)

§22-703 Procedure for Applying.

1.    Application for a variance or modification shall be submitted in writing by the subdivider at the time the preliminary plan is filed. The application shall state in full the grounds and facts of the undue hardship or the extreme practical difficulty the provision or provisions of this Chapter involved and the minimum variance or modification necessary.

A.    The Borough Council may, in its discretion, refer the application to the Planning Commission for advisory comments.

B.    The Borough Council and the Planning Commission shall keep a written record of all action on all requests for variances or modifications.

2.    Applications for reconsideration shall be submitted in writing by the subdivider not less than 10 calendar days in advance of the meeting at which reconsideration is desired.

3.    A review fee shall be paid with the application for a variance or modification or for reconsideration following the schedule provided for in §22-202.5 of this Chapter.

(Ord. 465, 1/8/1979, §703; as amended by Ord. 650, 11/30/1995, §3(o))

§22-704 Recording a Modification or Variance.

In granting a modification or variance , the Council shall record its actions and the grounds for granting the modification or variance in its minutes. A statement showing the date that such modification or variance was granted shall be affixed to the final plan.

(Ord. 465, 1/8/1979, §704)