If compliance with any of the requirements of this chapter would
result in an exceptional hardship to a prospective builder, developer
or landowner, the LMT ZHB may, upon request, grant relief from the
strict application of the requirements.
A.Â
An application seeking approval for a variance as set forth and regulated in this chapter shall require the applicant to request and obtain approval of a variance according to the provisions for a variance set forth in this chapter and Chapter 208, Zoning, of the Lower Moreland Township Codified Ordinances.
B.Â
An application seeking approval by variance shall be forwarded to
the LMT ZHB along with required studies or information and the findings
of the Township Zoning Officer and the Township Engineer.
C.Â
No variance shall be granted for any construction, development, use, or activity within any floodway area that would cause any increase in the BFE. Such conditions shall be supported by hydrologic and hydraulic analyses in accordance with Article 2 of this chapter relating to Subsection G, Hydrologic and hydraulic analyses, of § 108-202, Applicability.
D.Â
No variance shall be granted for any construction, development, use,
or activity within any Zone AE that would, together with all other
existing and anticipated development, increase the BFE more than one
foot at any point.
E.Â
No variance shall be granted for any of the other requirements pertaining specifically to development regulated as set forth in Article 8 of this chapter relating to special technical requirements (§ 108-804), or Article 7 of this chapter relating to Subsection A, Development which may endanger human life, of § 108-703, Special technical requirements.
A.Â
All subdivision proposals and development proposals containing at least 50 lots or dwelling units, or at least five acres, whichever is the lesser, in flood hazard areas where BFE data are not available, shall be supported by hydrologic and hydraulic analyses, in accordance with Article 2 of this chapter relating to Subsection G, Hydrologic and hydraulic analyses, of § 108-202, Applicability, that determine BFEs and floodway information. The analyses shall be prepared by a licensed professional engineer in a format required by FEMA for a CLOMR or LOMR.
B.Â
For subdivision proposals and development proposals containing less than 50 lots or dwelling units, in all subdivision proposals and development proposals containing at least 50 lots or dwelling units or at flood hazard areas where BFE data are not available, determination of floodplain applicability shall be determined by the Floodplain Administrator who shall rely on the then-current FEMA floodplain mapping, hydrologic and hydraulic analyses in accordance with Article 2 of this chapter relating to Subsection G, Hydrologic and hydraulic analyses, of § 108-202, Applicability, or other documentation provided by the applicant.
A.Â
Within the FCD, manufactured homes shall be prohibited within the
area measured 50 feet landward from the top-of-bank of any watercourse.
B.Â
Where permitted by variance within the FCD, all manufactured homes,
and any improvements thereto, shall be:
C.Â
Installation of manufactured homes shall be done in accordance with
the manufacturer's installation instructions as provided by the manufacturer.
Where the applicant cannot provide the above information, the requirements
of Appendix E of the 2009 IRC or the US HUD's Permanent Foundations
for Manufactured Housing, 1984 Edition, draft or latest revision thereto,
shall apply, and 34 Pa. Code Chapters 401 to 405.
D.Â
Consideration shall be given to the installation requirements of
the 2009 IBC and the 2009 IRC, or the most recent revisions thereto,
and 34 Pa. Code, as amended, where appropriate and/or applicable to
units where the manufacturer's standards for anchoring cannot be provided
or were not established for the proposed installation.
Recreational vehicles in Zone AE must either:
A.Â
If granted, a variance shall involve only the least modification
necessary to provide relief.
B.Â
In granting any variance, the LMT ZHB shall attach the reasonable
conditions and safeguards outlined herein. These conditions and safeguards
are necessary in order to protect the public health, safety, and welfare
of the residents of Lower Moreland Township.
D.Â
In reviewing any request for a variance, the LMT ZHB shall consider,
at a minimum, the following:
(1)Â
That there is good and sufficient cause, including:
(a)Â
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 chapter in the neighborhood or zoning
district in which the property is located.
(b)Â
That because of such physical circumstances or conditions, there
is no possibility that the property can be developed in strict conformity
with the provisions of this chapter and that the authorization of
a variance is therefore necessary to enable the reasonable use of
the property.
(c)Â
That such unnecessary hardship has not been created by the appellant.
(d)Â
That the variance, if authorized, will not alter the essential
character of the neighborhood or zoning district in which the property
is located, nor substantially or permanently impair the appropriate
use or development of adjacent property, nor be detrimental to the
public welfare.
(2)Â
That failure to grant the variance would result in exceptional
hardship to the applicant.
(3)Â
That the granting of the variance will:
E.Â
A complete record of all variance requests and related actions shall
be maintained by the Township of Lower Moreland. In addition, a report
of all variances granted during the year shall be included in the
biennial report to FEMA.