Honey Brook City Zoning Code
PART 8
Natural Resources Protection Standards
§ 27-801 Statement of Intent.
[Ord. No. 247-2018, 9/17/2018]
The standards and requirements of this Part are intended to provide appropriate levels of protection to those natural features within the Borough that represent significant resource opportunities to the Township and its surrounding region or which, when subject to undue disturbance, may constitute threats to public health, safety, and welfare. It shall be a violation of this Part to regrade, fill, pipe, divert, channel, build upon, or otherwise alter or disturb a natural resource protected by this Part prior to the submission, review, and approval of an applicable application for zoning or building permit(s), conditional use or special exception approval, zoning variance, or subdivision or land development plan(s).
§ 27-802 (Reserved)
[Ord. No. 247-2018, 9/17/2018]
§ 27-803 WHP - Wellhead Protection District.
[Ord. No. 247-2018, 9/17/2018]
A.
Statement of Intent. The purpose of this Section is as follows:
1.
To protect the public health, safety and welfare through the preservation of the groundwater resources of the public water supplies owned and operated by the Honey Brook Borough Authority, (hereinafter referred to as the "Authority"), a municipal authority duly established by the Borough.
2.
To ensure a future supply of safe, reliable, and healthful drinking water for the residents of the Borough and the Township. The designation of the Wellhead Protection District and the regulation of activities within such Wellhead Protection District will reduce the potential for ground and surface water contamination and thereby preserve irreplaceable groundwater resources. The delineation of the Wellhead Protection District and the development of the provisions of this Section are based upon a professional study of the hydrogeology and other features of the Borough and the Township and certain nearby municipalities.
3.
Preserve the Township's natural features and groundwater aquifers.
B.
Establishment and Delineation of Wellhead Protection District and Wellhead Protection Zones.
1.
The Wellhead Protection District shall be defined as that area within the corporate boundaries of the Borough as is set forth as an appendix attached to this chapter, marked as and incorporated herein by reference thereto (the "WPD Map").
2.
Within the Wellhead Protection District, the following Wellhead Protection Zones are hereby established:
a.
Zone 1 shall be that area marked on the WPD Map as Zone 1, which Zone 1 represents a protective zone immediately surrounding a community water supply well, which shall be a maximum radius of 400 feet.
b.
Zone 2 shall be that area marked on the WPD Map as Zone 2, which Zone 2 represents an area determined by methods applicable to that hydrogeologic setting, as having a 10-year time-of-travel of groundwater supply to public well sites.
c.
Zone 3 shall be that area marked on the WPD Map as Zone 3, which Zone 3 represents the area that contributes surface and groundwater to Zone 2.
C.
Boundary Disputes.
1.
Where the boundary of any Zone divides any property, the entire property shall be considered to lie within the Zone offering the highest degree of protection to groundwater resources.
2.
Should any person challenge the boundary of Zones 1, 2 or 3, it shall be the responsibility of that person to retain a recognized professional with competence in the field to determine more accurately the precise boundary of the disputed area.
3.
The final boundary to be used will be determined by the Borough Engineer with assistance from the Authority Engineer and/or a professional hydrogeologist, as appropriate.
4.
The applicant shall bear the burden of proof and be responsible for all fees incurred as may be set forth by resolution.
D.
Relationship to Other Parts and Ordinances.
1.
The provisions of the WHP - Wellhead Protection District creates an overlay district which is applicable within the zoning districts established by this Chapter and shown on the map in "Exhibit 27-24-A".
2.
To the extent the provisions of this Section are applicable and more restrictive, they shall supersede conflicting provisions in any other Part of this Chapter and all other Ordinances of the Borough.
3.
However, all other provisions of this Chapter and all other Ordinances of the Borough shall remain in full force and effect.
E.
Regulated Land Uses in the WHP - Wellhead Protection District.
1.
Within the Wellhead Protection District, land uses shall be regulated as follows:
a.
Lots and tracts of land located within the Wellhead Protection District, as delineated on Exhibit "27-A," shall be governed by the restrictions applicable to the Wellhead Protection Zone in which such lots and tracts of land are located.
b.
Certain land uses within the Wellhead Protection District will be regulated (hereinafter "regulated land uses") according to the listing of uses provided in this Section. Certain particular regulated land uses will be prohibited, or permitted only by a special permit, within Zone 1, Zone 2, or Zone 3, as applicable.
F.
Uses Permitted in the WHP - Wellhead Protection District.
1.
The following uses are permitted in the WHP - Wellhead Protection District (all zones).
a.
Transit. The transportation of any hazardous or governmentally regulated substance through the Wellhead Protection District shall be exempt from provisions of this Chapter, provided that the transporting vehicle is in transit through the Wellhead Protection District and further provided that such transportation is conducted in compliance with all applicable Federal and State law and regulations.
b.
Residential. To the extent otherwise permitted or regulated by Federal, State and/or County statutes and regulations, the owners and/or occupiers of lots and tracts of land which are primarily utilized for the purpose of single or multi- family residential dwellings are permitted to utilize and store fuels, hazardous chemicals, pesticides, fertilizers, inflammable liquids and gases, and toxic and regulated substances in such quantities and in such manner as is associated with normal consumer, household use, and such limited utilization shall not be deemed a regulated land use for the purposes of this Chapter.
G.
Uses Specifically Prohibited in the WHP - Wellhead Protection District.
1.
Zone 1. The following regulated land uses are specifically prohibited in Zone 1:
a.
Bulk storage of regulated substances (i.e., meaning any substances regulated under Federal, State or County environmental, pollution control, hazardous substance and drinking water laws and regulations).
b.
Dry cleaning establishments; coin or commercial laundries.
c.
Gasoline station.
d.
Heavy manufacturing uses.
e.
Junkyards.
f.
Land application of wastewater and sludges.
g.
Livestock animals in excess of 25 animal equivalent units per acre in yarding areas.
h.
Metal plating establishments.
i.
Open burning sites (not including the open burning of common household waste as permitted by State law and DEP regulations) and dumps.
j.
Quarries and mining operations.
k.
Road salt stockpiles.
l.
Fuel sales.
m.
Fuel storage.
n.
Sanitary landfill.
o.
Sewage treatment facilities with on-site disposal of primary or secondary treated effluent in excess of 5,000 GPD.
p.
Storage and mixing of regulated substances.
q.
Use which involves as a principal activity the manufacture, storage, use, transportation, or disposal of regulated substances.
r.
Use which involves use or storage of regulated substances in quantities greater than those associated with normal household use.
s.
Used motor vehicle sales area.
H.
Uses Permitted by Special Permit Issuance in the WHP - Wellhead Protection District. The following regulated land uses are permitted by issuance of a special permit within Zone 3 only:
1.
All regulated land uses mentioned in subsections G.1.a through G.1.i. and G.1.j through G.1.s above.
I.
Reporting Requirements for New Uses.
1.
As to each lot or tract of land located within the Wellhead Protection District, upon which there is conducted a regulated land use, the record owner thereof shall submit, or cause to be submitted, to the Borough Engineer the following reports and information in the manner prescribed:
a.
Copies of all Federal, State and County operational approvals, certificates, permits and applications, on-going environmental reports and monitoring results, relating to environmental, pollution control, hazardous substance and drinking water laws and regulations pertaining to such lot or tract of land, as and when required to be submitted to Federal, State and County governmental authorities.
b.
In the event that any contaminants and/or substances regulated under Federal, State or County environmental, pollution control, hazardous substance and drinking water laws and regulations are released on or from any lot or tract of land within the Wellhead Protection District, copies of any and all notices, reports and documents which such owner filed, or caused to be filed, with any Federal, State and/or County governmental authorities which provide notice of or relate to such release, as and when such notices, reports and documents are required to be filed with such governmental authorities.
c.
Copies of all notices, orders, rules, decisions, recommendations, enforcement actions and similar documentation, as and when received by or on behalf of such record owner or the occupant of any such lot or tract of land from any Federal, State or County governmental authority in connection with the enforcement of environmental, pollution control, hazardous substance and drinking water laws and regulations.
J.
Administration.
1.
The Borough Engineer is hereby designated as the Borough official responsible for the administration and enforcement of this Section. The Zoning Hearing Board of the Borough shall hear appeals from the written determinations and orders of the Borough Engineer regarding applications, enforcement notices, cease and desist orders and other matters, and shall also hear substantive and procedural challenges to the validity of this Chapter.
2.
Uses of lots or tracts of land in existence on the date of enactment of this Chapter which are regulated land uses shall be deemed to be "nonconforming uses" of land under the terms of this Chapter. Such nonconforming uses of land may be continued by the present or any subsequent owner so long as:
a.
Such use is and remains otherwise lawful and in compliance with all Federal, State, and County environmental, pollution control, hazardous substance and drinking water laws and regulations.
b.
Such nonconforming use has not been and is not discontinued for a period of 12 consecutive months.
c.
Such nonconforming use is not, after the date of enactment of this Chapter, materially altered, changed or expanded.
d.
The record owner of the lot or tract of land on which such nonconforming use is located is in compliance with the Section of this Chapter regarding reporting requirements.
e.
Such nonconforming use is not an actual known source of groundwater contamination.
f.
A regulated land use shall be deemed to be new or materially altered, changed or expanded if:
i.
The land use which constitutes the regulated land use was not previously present and conducted upon the lot or tract of land in question.
ii.
The production and/or storage capacity of the regulated land use is increased.
iii.
The types of substances which give rise to the regulated land use are changed;
iv.
The number of types of any substances which give rise to the regulated land use is increased.
v.
The quantity of any substances which give rise to the regulated land use is materially increased.
3.
Following the date of enactment of this Chapter, regulated land uses which are new or which constitute material changes, alterations or expansions of nonconforming regulated land uses will be prohibited in accordance with the terms of this Section thereby prohibiting such regulated land uses or permitting such regulated land uses only upon the granting of a special permit. Any regulated land use which is permitted to be conducted within the Wellhead Protection District as a result of the granting of a special permit in accordance with the terms of this Chapter and other Borough regulations shall not be deemed to be a nonconforming use of the land under the terms of this Chapter, but shall without further action be considered a land use which is in conformity with the terms of this Chapter.
4.
As to any new regulated land use or any proposed material change, alteration or expansion of a regulated land use which is a nonconforming regulated land use and as to which such regulated land use is permitted to be conducted within the applicable Wellhead Protection Zone upon the granting of a special permit, such special permit shall only be granted upon the following conditions:
a.
Such regulated land use is one which is specifically authorized as a special permit use in the Wellhead Protection Zone in question, as set forth in this Section.
b.
Such regulated land use will not, during construction or thereafter, cause the degradation of the groundwater quality upon or beneath the lot or tract of land in question, or upon or beneath adjacent lots or tracts of land, the degree and extent of which degradation is or would be violative of safe drinking water standards promulgated by Federal, State or County governmental authorities.
c.
Satisfactory evidence has been provided to the Borough's Engineer, or Zoning Hearing Board, as applicable, that the proposed regulated land use is in compliance with all Federal, State and County laws and regulations applicable to such regulated land use and the record owner or occupant has received all necessary approvals of Federal, State and County governmental authorities for the conduct of such regulated land use.
d.
Application for a special permit shall be made to the Borough Engineer in writing on such form as may be prescribed by the Borough Engineer and approved by resolution of the Borough Council and such application shall include, at a minimum, a detailed description of each of the activities to be conducted upon the lot or tract of land in question which constitute a regulated land use, including a listing of all substances which are to be stored, handled, used or produced in connection with each regulated land use being proposed and which substances are subject to regulation by Federal, State and/or County governmental authorities.
e.
The Borough Engineer shall issue a written determination approving or disapproving the application for a special permit, or conditioning the granting of the special permit upon adherence to any or all of the following requirements by the applicant for the special permit, where the Borough Engineer has found that such adherence is reasonably necessary to fulfill the groundwater protection purposes of this Chapter.
f.
The installation of adequate containment facilities and systems so as to prevent the contamination of groundwater by substances regulated by Federal, State and/or County governmental authorities.
g.
The preparation, filing (with the Borough Engineer) and periodic revision of an emergency plan addressing the means by which any potential contamination of groundwater will be controlled, collected and remediated, including emergency contacts and identification of potential contaminants.
h.
Regular inspection and/or monitoring, by the owner, occupant, the Borough Engineer and/or third parties (including the Authority), of the regulated land use.
i.
Compliance by the applicant with the provisions of the Borough Subdivision and Land Development Ordinance [Chapter 22] and Borough Stormwater Management Ordinance [Chapter 20] then in effect pertaining to sanitary sewage disposal, water supply, stormwater management, utilities and easements and subsurface carbonate areas.
K.
Applications to the Borough Engineer for a special permit under this Section, as well as written determinations of the Borough Engineer and appeals from the written determinations of the Borough Engineer to the Borough Zoning Hearing Board and appeals to the courts of the Commonwealth of Pennsylvania, shall be subject to the same procedural (but not substantive) rules as are applicable to applications for special exceptions under the terms of this Chapter in effect at the time the application is filed.
L.
Fees. The Borough Council shall, from time to time, establish by resolution a schedule of fees, charges and expenses and collection procedures for special permits, costs of review and inspection, appeals and other matters pertaining to this Section. The schedule of fees shall be available for inspection in the Borough Hall. An application will not be considered to be complete until all applicable fees, charges and expenses have been paid in full.
§ 27-804 (Reserved)
[Ord. No. 247-2018, 9/17/2018]
§ 27-805 Riparian Buffer Conservation Regulations.
[Ord. No. 247-2018, 9/17/2018]
A.
Findings of Fact.
1.
Riparian buffers, particularly forested buffers, prevent stream bank erosion; protect natural stream morphology (i.e., broad meanders with maximum stream bottom habitat); remove excess nitrogen, phosphorus and sediment from surface water run-off; reduce downstream flooding; provide thermal protection to adjoining streams, wetlands, and water bodies; provide food and habitat for wildlife; provide food and habitat for fish and amphibians; form corridors for habitat conservation and greenways; and protect associated wetlands.
2.
Forested riparian buffers in headwaters (first-order streams) generate high levels of organic inputs directly from land to water, which in turn maximize in-stream processing functions that provide the "fuel" needed for downstream energy and nutrient processing.
3.
The Borough is committed to improving the water quality of its streams, creeks, rivers, and other water bodies and is required by the federal Environmental Protection Agency and the Pennsylvania Department of Environmental Protection to have a plan for improving water quality and to implement that plan in a timely manner.
B.
Intended purpose. It is the purpose of this section to promote the public health, safety and general welfare and to minimize impacts to forested riparian resources. In furthering that purpose, the specific intent of this section is:
1.
To conserve, protect, and restore natural riparian resources through scientifically supported processes.
2.
To maintain and improve surface water quality by reducing the entry of detrimental substances, including nutrients, sediment, organic matter, pesticides, and other harmful substances that reach watercourses, wetlands, and surface and subsurface water bodies.
3.
To reduce the entry of detrimental substances by restricting development and uses in riparian areas that intercept surface water runoff, wastewater, subsurface flow and deep groundwater flows from upland sources and where the processes of filtration, deposition, absorption, adsorption, plant uptake, sediment and phosphorus attenuation, denitrification and infiltration may occur; encouraging sheet flow and minimizing, mitigating and preventing concentrated flows of storm water runoff across riparian areas, and securing increased channel and bank stabilization that avoids stream bank erosion and associated water quality, quantity and flow harms.
4.
To reduce adverse aquatic health impacts due to changes in the temperature of receiving waters (both temperature increases and temperature decreases) as a result of storm water runoff, loss of vegetation shading and direct discharges to water bodies.
5.
To enhance in-stream processing of nutrients and pollutants such as pesticides and reduce the downstream movement of pollutants, including a reduction in flooding and reduction of soil loss.
6.
To improve and maintain the safety, reliability and adequacy of the water supply for domestic, agricultural, commercial, industrial and recreational uses along with sustaining diverse populations of aquatic flora and fauna.
7.
To provide wildlife habitat, protect native plant species, and provide opportunities for passive recreation and conserve scenic and recreation areas within and adjacent to riparian areas.
8.
To conserve headwater areas, groundwater recharge zones, floodway, floodplain, springs, seeps, streams, wetlands, woodlands, prime wildlife habitats and other features that provide recreational value or contain natural amenities, whether on developed or undeveloped land.
9.
To integrate with floodplain, steep slope, wetlands, and woodland protection ordinance provisions as well as other ordinance requirements contained herein that regulate environmentally sensitive areas to minimize hazards to life, property and the environment.
10.
To regulate the use, siting, engineering and maintenance of all development to be consistent with the purposes and intent of this section and accepted conservation easement practices and to work with the carrying capacity of existing natural resources.
11.
To minimize the financial burden imposed on the community, its governmental bodies and individuals when having to mitigate the effects of increased soil run-off into creeks, streams, and rivers due to disturbance or loss of forested riparian resources in the Borough.
C.
Riparian Buffer Delineation.
1.
The riparian buffer area shall extend a minimum total width of seventy-five (75) feet from the edge of a water body and is further delineated as follows:
a.
The riparian buffer area will begin at each edge of a water body and shall extend landward a minimum width of seventy-five (75) feet, measured horizontally on a line perpendicular to the nearest edge of the water body, as reviewed and approved by the Borough engineer.
b.
There shall be a reduced buffer width for isolated wetlands and water bodies. Wetlands and water bodies not located along a watercourse, where the wetland or water body is greater than 5,000 square feet in area, shall have a minimum buffer width of fifty (50) feet, measured from the edge of the wetland or water body around the entire perimeter.
D.
Uses Permitted and Uses Expressly Prohibited in Riparian Buffer Areas
1.
The following uses or activities are permitted by right in riparian buffer areas:
a.
Wildlife sanctuaries, nature preserves, forest preserves, fishing areas, passive areas of public and private parklands.
b.
Temporary stream restoration projects, stream bank restoration projects and vegetation restoration projects to restore the stream or riparian zone to an ecologically healthy stage utilizing natural channel design practices to the greatest degree possible. The project duration and timing shall be subject to Zoning Officer approval.
c.
Stream crossings for farm vehicles and/or livestock on existing farms if part of a federal, state, and/or county conservation district and/or local nonprofit riparian buffer improvement project.
d.
Provision for stone-dust or natural trail and related trail access when resulting in minimum disturbance to existing trees and shrubs.
e.
Research and monitoring devices, such as staff gages, water recording, water quality testing, cross vanes, weirs and related demonstration facilities.
f.
Within the outer fifty (50) feet of a riparian buffer area, Timber harvesting operations subject to provisions within this Code regulating such activities.
2.
The following uses or activities are permitted if approved by Special Exception by the Zoning Hearing Board for riparian buffer areas:
a.
Structures that, by their nature, cannot be located anywhere except within the riparian buffer. These structures shall include docks, boat launches, public water supply intake structures, facilities for domestic water quality treatment and purification and public wastewater treatment plant sewer lines and outfalls. The structures shall provide for the minimum practicable disturbance of the riparian buffer by minimizing size and location and by taking advantage of collocation, if possible.
b.
Road crossings (when perpendicular to the stream or buffer), bridges, culverts, utilities, and impoundments.
c.
Paved trail and related trail access when determined by the Zoning Hearing Board to result in minimum disturbance to existing trees and shrub.
d.
Stormwater conveyance structures and outfalls.
e.
The grazing of livestock or growing of agricultural crops provided existing forested riparian buffers are not removed or otherwise impacted. Such activity shall be restricted to take place only within the outer fifty (50) feet of a riparian buffer area.
f.
Any other use or activity permitted in the (base) district, provided that there is no re-grading, filling, or alteration within the inner fifty (50) feet of the riparian buffer area, and no more than twenty (20) percent of the outer fifty (50) feet may be re-graded, filled, or otherwise altered or subject to land disturbance. Uses and activities permitted by this provision shall not include the establishment of any impervious surfaces.
3.
The following activities or practices are expressly prohibited in the riparian buffer area for all water bodies:
a.
Removal or disturbance of vegetation in a manner that is inconsistent with erosion and sedimentation control and riparian buffer protection.
b.
Storage or discharge of any hazardous or noxious materials, except those used during emergencies for the treatment and/or maintenance of any public sewer and public water treatment facilities (i.e., generator sets or alternative drive units).
c.
Use of fertilizers, pesticides, herbicides, and/or other chemicals, except:
i.
Where permitted by a valid conservation plan, forest management plan, or approved planting and maintenance plan as described in this section; or
ii.
Where utilized by a selective herbicide application by a qualified professional to control noxious weeds and invasive species of plants in riparian buffers.
d.
d. Motor or wheeled vehicle traffic in any area not designed to accommodate adequately the type and volume of vehicles.
§ 27-806 Wetlands.
[Ord. No. 247-2018, 9/17/2018]
A.
Findings of Fact.
1.
Wetlands are transition zones where the flow of water, the cycling of nutrients, and the energy of the sun meet to produce a unique ecosystem characterized by hydrology, soils, and vegetation. A wetland may not be wet year-round, in fact, some of the most important are only seasonally wet.
2.
Wetlands provide unique and increasingly rare habitat for plants and animals. Wetlands help to absorb and slow floodwaters, and absorb excess nutrients, sediment, and other pollutants before they reach rivers, lakes, and other water bodies.
3.
Wetlands have environmental and education value for all Borough residents and visitors.
B.
Intended purpose. It is the purpose of this section to promote the general health, safety and welfare, and to minimize the loss of wetlands within the Borough for the value they bring to the Borough, as described above in the Findings of Fact. In furthering that purpose, the specific intent of this section is:
1.
To protect wetlands in the Borough from disturbance, environmental contamination, or loss.
2.
To require applicants to accurately delineate wetlands, and to inform the Township of the existence of wetlands on a site proposed for future development.
3.
To inform property owners and developers of possible permit and approval requirements of the U.S. Army Corps of Engineers and/or the Pennsylvania Department of Environmental Protection when wetlands are present, and to inform the Township, for coordination purposes, of such permitting and approval processes.
4.
To integrate with floodplain, steeply sloped areas, forested riparian buffers, and woodland protection ordinance provisions as well as other ordinance requirements contained herein that regulate environmentally sensitive areas to minimize hazards to life, and property.
5.
To minimize the financial burden imposed on the community, its governmental bodies and individuals when having to mitigate the effects of increased soil run-off into creeks, streams, and rivers due to disturbance or loss of wetlands in the Township.
C.
Compliance. Wetlands shall not be regraded, filled, piped, diverted, channeled, built upon, or otherwise altered, including for purposes of access or utility crossings, unless all applicable permits have been obtained from the required governmental entity, and copy thereof submitted to the Borough.
D.
Any applicant proposing a use, activity, or improvement which would entail the regrading or placement of fill in wetlands shall provide the Borough with proof that the Pennsylvania Department of Environmental Protection (Bureau of Dams and Waterway Safety and Bureau of Water Quality Management) and the U.S. Army Corps of Engineers have been contacted to determine the applicability (jurisdiction) of state and federal wetland regulations. Any applicant contacted by the Pennsylvania Department of Environmental Protection or the U.S. Army Corps of Engineers in regard to wetlands also shall concurrently provide to the Borough a copy of such correspondence. Where any applicant alleges that a jurisdictional determination is not required or fails to seek such determination, the Borough may nevertheless require the submission of a graphic and narrative wetlands delineation report, consistent with the submission requirements otherwise necessary for submission to federal and state agencies for jurisdictional determination.
E.
Where permitted subject to applicable regulation and as otherwise provided herein, sewers or other liquid transport pipelines shall only be permitted to cross wetlands on the minimum traversal distance and where every precaution shall be taken to prevent leaks and to prevent any possible draining of the wetland (e.g., water flowing through or along any pipe or trench). At the expense of the applicant, the Borough may require periodic inspection of applicable systems and facilities, including but not limited to x-ray of steel welds and pressure testing of pipelines.
F.
Wetlands shall be staked in the field as part of any subdivision and/or land development process and prior to any construction upon the subject property.
G.
Where a jurisdictional determination or full wetland delineation report is required to comply with state or federal regulations, the applicant shall provide the Borough with a full wetland delineation report conducted by a qualified wetland biologist, soil scientist, or environmental professional of demonstrated qualifications, and subject to the following additional requirements/certifications:
1.
the Borough may hire a qualified consultant to review the delineation and recommend revisions at the applicant's expense;
2.
the applicant's hired professional generating the delineation report shall certify that the methods used correctly reflect the currently accepted technical concepts, including identification and analysis of wetland vegetation, hydric soils, and hydrologic indicators. Methods used in the delineation report shall be acceptable to the Borough Engineer or other qualified consultant hired by the Borough; and
3.
The wetland report submitted to the Borough shall include a determination of whether wetlands are present on the site and a full delineation, area measurement (in square feet), and description of any wetlands determined to be present.
§ 27-807 (Reserved)
[Ord. No. 247-2018, 9/17/2018]
§ 27-808 Modifications
[Ord. No. 247-2018, 9/17/2018]
A.
For any use or activity subject to subdivision and/or land development review processes, an applicant may request modifications of the provisions of Section 27-805 of this Chapter. Requested modifications may be granted at the discretion of the Borough Council provided waivers to related applicable provisions within the Subdivision and Land Development Ordinance are being similarly granted as part of the subdivision and/or land development approval process.
B.
Applicants shall provide appropriate documentation in support of their modification request and the Borough Council may request additional documentation of an applicant, or of its municipal consultants, to help reach its decision. In making such decision, the Borough Council shall consider any objection to the granting of any such modification by residents of the Borough.