1.   If any mandatory provisions of this Chapter are shown by the APPLICANT, to the satisfaction of the BOARD, to be unreasonable, to cause undue hardship, or that an alternate standard can provide equal or better results, the BOARD may grant a modification to that provision.  A modification may be granted provided it will not be contrary to public interest and provided the purpose and intent of this Chapter is maintained.

2.   All requests for modification shall be in writing and signed by the APPLICANT.  The request shall fully state the reasons and grounds for why the provision is unreasonable or the hardship imposed, and shall discuss the minimum modification necessary.

3.   It is not sufficient proof of hardship to show that greater profit would result if the modification were granted.  Furthermore, a hardship cannot be one personal to the APPLICANT; it must be from the application of this Chapter; it must be suffered directly by the property in question; and evidence of a modification granted under similar circumstances shall not be considered.

4.   The BOARD shall consider modification requests that are necessary to meet objectives of this Chapter and the COMPREHENSIVE PLAN, that encourage flexibility and creativity in design of plans to protect environmentally sensitive areas, and otherwise are consistent with the objectives of this Chapter and the COMPREHENSIVE PLAN.

5.   The BOARD shall request an advisory opinion from the PLANNING DIRECTOR and the TOWNSHIP Engineer on the modification request.

6.   In granting modifications, the BOARD may impose such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so modified.

7.   The TOWNSHIP shall keep a written record of all requests for modifications.

8.   If a modification is granted it shall be referenced in the conditions of approval of the plan, and shall apply only to that plan.

9.   The written request for a modification shall be included in the application for development. Such request shall cite the section(s) of this Chapter to be modified, the extent of modification and the reasons for the modification.

10.  Any modification thus granted shall be entered in the minutes of the BOARD setting forth the reasons which, in the opinion of the BOARD, justified the modification.

11.  APPPLICANTS for modifications shall be required to pay a fee as specified in the fee resolution of the TOWNSHIP.

Last Updated on September 29, 2008
This Visual Interactive Code is intended to assist property owners, developers and residents in understanding and applying the Township's land development ordinances; However, the VIC; does not contain the Township's official land use ordinances in the exact form in which they were adopted, and may not contain the most recent versions of these ordinances. Official copies of the Township's land use ordinances may be obtained by visiting Township offices during regular business hours, 8 am to 4 pm, Mondays through Fridays, or by contacting Township staff at 724-935-3090, extension no. 109.