[Ord. 2015-01, 1/27/2015]
If compliance with any of the requirements of this chapter would
result in an exceptional hardship to a prospective builder, developer
or landowner, the Board of Supervisors may, upon request, grant relief
from the strict application of the requirements.
[Ord. 2015-01, 1/27/2015]
Requests for variances shall be considered by the Zoning Hearing Board in accordance with the procedures contained in §
8-312 and the following:
A. No variance shall be granted for any construction, development, use, or activity within any floodway area that would cause any increase in the BFE. In the A Area/District, BFEs are determined using the methodology in §
8-402C.
B. No variance shall be granted for Prohibited Activities (Part
6) or Development Which May Endanger Human Life (§
8-504).
C. If granted, a variance shall involve only the least modification
necessary to provide relief.
D. In granting any variance, the Zoning Hearing Board shall attach whatever
reasonable conditions and safeguards it considers necessary in order
to protect the public health, safety, and welfare, and to achieve
the objectives of this chapter.
E. In reviewing any request for a variance, the Zoning Hearing Board
shall consider, at a minimum, the following:
(1) That there is good and sufficient cause.
(2) That failure to grant the variance would result in exceptional hardship
to the applicant.
(3) That the granting of the variance will:
(a)
Neither result in an unacceptable or prohibited increase in
flood heights, additional threats to the public safety, or extraordinary
public expense;
(b)
Nor create nuisances, cause fraud on, or victimize the public,
or conflict with any other applicable state or local ordinances and
regulations; and
(c)
Is consistent with requirements of Section 910.2, Zoning Hearing
Board's Functions; Variances, of the Pennsylvania Municipalities Planning
Code, Act of 1968, P.L. 805, No. 247, as amended.
F. Whenever a variance is granted, Plumstead Township shall notify the
applicant in writing that:
(1) The granting of the variance may result in increased premium rates
for flood insurance.
(2) Such variance may increase the risks to life and property.
G. A complete record of all variance requests and related actions shall
be maintained by the Plumstead Township. In addition, a report of
all variances granted during the year shall be included in the annual
report to the FEMA. Notwithstanding any of the above, however, all
structures shall be designed and constructed so as to have the capability
of resisting the 1% annual chance flood.