If compliance with any of the requirements of this Part 7 would
result in an exceptional hardship to a prospective builder, developer
or landowner, the Township may, upon request and with good cause shown,
grant relief from the strict application of the requirements.
Requests for grant of variance relief shall be considered in accordance with the procedures set forth in Article
XV and the following:
A. No variance shall be granted and no application for variance as to
same shall be accepted:
(1) For any construction, development, use or activity within any floodway
area that would cause any increase in the base flood elevation (BFE);
(2) For any construction, development, use or activity within any AE
Area Without Floodway that would, together with all other existing
and anticipated development, increase the BFE one foot or more at
any point; or
[Amended 5-23-2017 by Ord. No. 2017-10]
(3) From the general requirement that all structures must be designed
and constructed so as to have the capability of resisting the one-percent-annual-chance
flood event.
[Amended 5-23-2017 by Ord. No. 2017-10]
B. Except for a possible modification of the regulatory flood elevation requirement involved, no variance shall be granted from any requirements pertaining to development regulated by special permit (Article
XII) or to development which may endanger life (§
70-80).
C. If granted, a variance shall involve only the least modification
necessary to provide relief that is warranted in the circumstances.
D. A variance shall be granted only where findings are made that:
(1) There is good and sufficient cause.
(2) Failure to grant the variance would result in exceptional hardship
to the applicant.
(3) The granting of the variance will:
(a)
Neither result in an unacceptable or prohibited increase in
flood heights, threats to public safety or extraordinary public expense;
nor
(b)
Create nuisances, cause fraud on or victimize the public, or
conflict with any other applicable state or local law, ordinance or
regulation.
E. If a variance is granted, such reasonable conditions and safeguards
as are considered to be necessary to protect the public health, safety
and welfare and to achieve the objectives of this Part 7 may be attached
to the grant of relief.
F. Forms used by the Township for variance requests shall state that
the grant of the variance may result in increased premium rates for
flood insurance and that such variance may increase the risks to life
and property.
G. Whenever a variance is granted, the Township of Millcreek 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.