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§ 265-613        Modification of approved plans

  1. An applicant for permits which do not conform strictly to the approved plan may request a modification to the plan by providing all reports and plans required by final approval which are proposed to be modified.  A statement concerning consistency with the comprehensive plan and community development objectives shall be submitted along with any required fees and forms provided by the Borough.  Upon acceptance, the application shall be afforded the timelines and process provided for final TND approval.  The Borough, however, shall hold a public hearing pursuant to public notice prior to voting on the application.
  2. Modification approval shall be provided in a manner that meets all requirements and standards of this article. 
  3. Findings regarding approval shall consider the following:
    1. No such modification, removal or release of the provisions of the development plan by the Borough shall affect the rights of the residents of the planned residential development to maintain and enforce those provisions, at law or equity, as provided in this Section.
    2. No modification, removal or release of the provisions of the development plan by the Borough shall be permitted except upon a finding by the Borough or the planning agency, following a public hearing thereon pursuant to public notice called and held in accordance with the provisions of this article, that the same is consistent with the efficient development and preservation of the entire planned residential development, does not adversely affect either the enjoyment of land abutting upon or across the street from the planned residential development or the public interest, and is not granted solely to confer a special benefit upon any person.
    3. No part of the approval shall conflict with private covenants that run in favor of residents or property owners within the entire TND.