Preston Township Wayne County - Shepstone Management Company

ARTICLE VII
Administration, Enforcement, Penalties, and Enactment
§ 45 Amendments to the Pennsylvania Municipalities Planning Code (ACT 247)
All Pennsylvania laws enacted which amend the Pennsylvania Municipalities Planning Code shall
automatically supersede and amend those portions of this Ordinance which are affected by such enacted
laws, unless specifically not intended or mandated to do so under the law.
§ 46 Waivers and Modifications
Preston Township, Wayne County
Subdivision and Land Development Ordinance
The Board of Supervisors shall have the power to authorize such waivers or modifications from the
provisions or requirements of these regulations as will not be contrary to the public interest and will
maintain the spirit and original intent of this Ordinance.
46.1 Application. The Board of Supervisors may grant a modification of the requirements of one or more
provisions of this Ordinance if the literal enforcement will exact undue hardship because of peculiar
conditions pertaining to the land in question, provided that such modification will not be contrary to
the public interest and that the purpose and intent of the ordinance is observed. All requests for a
modification shall be in writing and shall accompany and be a part of the application for
development. The request shall state in full the grounds and facts of unreasonableness or
hardship on which the request is based, the provision(s) of the ordinance involved and the
minimum modification necessary. The request for modification shall be referred to the Preston
Township Planning Commission for advisory comments. The Board of Supervisors shall keep a
written record of all actions on all requests for modifications. The Board of Supervisors may also
waive any requirement that by its nature would not be applicable to a given application.
46.2 Approvals. The Board of Supervisors may grant a modification from these regulations providing the
following findings are made where relevant in a given case:
46.2.1 That there are unique physical circumstances or conditions, including irregularity,
narrowness or shallowness of lot size or shape, or exceptional topographical or other
physical conditions peculiar to the particular property, and that the unnecessary hardship
is due to such conditions and not the circumstances or conditions generally created by
the provisions of this Ordinance.
46.2.2 That because of such physical circumstances or conditions, there is no possibility that the
property can be subdivided or developed in strict conformity with the provisions of this
Ordinance and that the authorization of a modification is therefore necessary to enable
the reasonable use of the property.
46.2.3 That such unnecessary hardship has not been created by the applicant. Financial
hardship is not grounds for a modification.
46.2.4 That the modification, if authorized, will not alter the essential character of the area in
which the property is located, nor substantially or permanently impair the appropriate
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