Township of Swatara, PA Article VIII Variances

§ 156-35 Relief from strict application of requirements.

If compliance with any of the requirements of this chapter would result in an exceptional hardship for a prospective builder, developer, or landowner, the Board of Commissioners may, upon request, grant relief from the strict application of the requirements.

§ 156-36 Variance procedures and requirements.

A. A written application for variance from the terms of this chapter shall be filed with the floodplain administrator, and it shall state:

(1) The name and address of the applicant.

(2) The location of the site and/or improvement or improvements for which the proposed variance is sought.

(3) A statement of the provision of this chapter from which variance is being sought.

(4) The nature of the change to be made under the variance.

(5) The reasons why such variance should be granted, including a statement of alternative safeguards to preserve the intent of this chapter.

(6) Such other information or materials pertinent to the issuance of a variance which the applicant may feel the Board of Commissioners would wish to consider in relation to the request for a variance.

B. Upon receipt of the application for a variance, the Board of Commissioners shall initially determine if the information contained in the application is sufficient for the consideration of the variance and, if so, shall either grant or deny the variance. In the event that the Board of Commissioners determines that the information contained in the application is insufficient for the Board of Commissioners to make a proper determination or in the event the Board of Commissioners wishes additional information, it should either:

(1) Request that the applicant provide such additional materials in writing; or

(2) Schedule a hearing, at which time the applicant shall be entitled to present such additional information, including direct testimony, which is pertinent and germane to the issuance of the variance.

C. The Board of Commissioners shall notify the applicant, in writing, of the determination which it has made in regard to the request for a variance whether the variance has been granted or denied.

D. No variance shall be granted for any construction, development, use or activity within any floodway area that would cause any increase in the one-hundred-year-flood elevation.

E. No variance shall be granted for any construction, development, use, or activity within any special floodplain area that would, together with all other existing and anticipated development, increase the BFE more than one foot at any point.

F. Except for possible modification of the freeboard requirements involved, no variance shall be granted for any of the other requirements pertaining specifically to development regulated by special permit (Article VI) or to development which may endanger human life, § 156-27.

G. If granted, a variance shall involve only the least modification necessary to provide relief.

H. In granting any variance, the Board of Commissioners 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.

I. Whenever a variance is granted, the Board of Commissioners shall notify the applicant, in writing, that:

(1) The granting of the variance may result in increased premium rates for flood insurance;

(2) Such variances may increase the risks to life and property.

J. In reviewing any request for a variance, the Board of Commissioners shall consider, but not be limited to, 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) Not result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, or extraordinary public expense;

(b) Not create nuisances, cause fraud on, or victimize the public or conflict with any other applicable state statute or regulation or local ordinance or regulation.

K. A complete record of all variance requests and related actions shall be maintained by the Board of Commissioners. In addition, a report of all variances granted during the year shall be included in the annual report to FEMA and the DCED.

L. Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the one-hundred-year flood.

M. Notwithstanding any of the above, however, any variance from the terms of this chapter relating to the land uses permitted in the area subject to regulation by this chapter shall be additionally submitted to the Swatara Township Zoning Hearing Board as zoning variances to be considered and granted by said Board under the procedural and substantive regulations governing zoning appeals.