Township of Rostraver, PA Article VIII Variances

§ 97-35 General.

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

§ 97-36 Variance procedures and conditions.

A. Requests for variances shall be considered by the Township in accordance with the procedures contained in § 97-11 and the following:

(1) 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.

(2) No variance shall be granted for any construction, development, use or activity within any FE Area that would, together with all other existing and anticipated development, increase the one-hundred-year-flood elevation more than one foot at any point.

(3) Except for a possible modification of the one-and-one-half-foot freeboard requirement involved, no variance shall be granted for any of the other requirements pertaining specifically to development regulated by special permit (Article VI) or to § 97-28, Development which may endanger human life.

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

(5) In granting any variance, the Township shall attach whatever reasonable conditions and safeguards it considered necessary in order to protect the public health, safety and welfare and to achieve the objectives of this chapter.

(6) Whenever a variance is granted, the Township shall notify the applicant, in writing, that:

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

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

(7) In reviewing any request for a variance, the Township shall consider, at a minimum, the following:

(a) That there is good and sufficient cause.

(b) That failure to grant the variance would result in exceptional hardship to the applicant.

(c) That the granting of the variance will neither result in an unacceptable or prohibited increase in flood heights, additional threats to public safety or extraordinary public expense, nor create nuisances, cause fraud on or victimize the public or conflict with any other applicable state or local ordinances and regulation.

(8) A complete record of all variance request and related actions shall be maintained by the Township. In addition, a report of all variances granted during the year shall be included in the annual report to the Federal Insurance Administration.

B. 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.