SUBDIVISION ORDINANCE

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Article VII - VARIANCES

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SECTION 701 – General

If any portion of this ordinance is shown by the developer to be unreasonable of application, or such as to cause undue hardship not of his own making in the special conditions of his proposed development, the Borough Council may grant a variance from the literal requirements of such provision, provided; that such variance will not be contrary to the public interest; that justice will be done, and that the purpose and intent of this ordinance is observed.

SECTION 702– Procedure
  1. Any request for a variance shall be in writing and shall accompany and be a part of the submission of the plan, preliminary and/or final, to which it refers. The request shall state in full the grounds and facts of unreasonableness or hardship on which the request is based, the provision(s) of this ordinance involved, and the exact variance therefrom which is requested.
  2. All proposals for variance from the provisions of this ordinance, whether requested by the developer or deemed necessary by Borough Council or the Planning Commission, shall be reviewed and a recommendation made by the Planning Commission.
  3. All proposals for variance from the provisions of this ordinance shall be reviewed by and shall have effect only when approved by Borough Council.
  4. A record of the action on all variances from the provisions of this ordinance shall appear in the official minutes of the Planning Commission and of Borough Council.