If compliance with any of the requirements of this chapter would
result in an exceptional hardship to a prospective builder, developer
or landowner, the Zoning Hearing Board of Lower Saucon Township may,
upon request, grant relief from the strict application of the requirements.
General. If compliance with any of the requirements of this chapter would result in an exceptional hardship for a prospective builder, developer, or landowner, the Zoning Hearing Board may, upon request, grant relief from the strict application of the requirements. Requests for variances shall be considered by the Lower Saucon Township Zoning Hearing Board in accordance with this chapter and the procedures contained in §
90-18 and the following:
A. No variance shall be granted within any identified floodplain area that would cause any increase in BFE. In A Area/District, BFEs are determined using the methodology in §
90-20C.
B. No variance shall be granted for any of the prohibited uses or activities in §
90-26 to locate in the Flood Hazard District.
C. If granted, a variance shall involve only the least modification
necessary to provide relief.
D. In granting any variance, the Lower Saucon Township 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. Whenever a variance is granted, the Lower Saucon Township Zoning
Hearing Board 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.
F. In reviewing any request for a variance, the Lower Saucon Township
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 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.
G. A complete record of all variance requests and related actions shall
be maintained by the Lower Saucon Township Zoning Hearing Board. In
addition, a report of all variances granted during the year shall
be included in the annual report to the FEMA.
H. Review factors. In reviewing applications for a variance, the Boards
shall consider all relevant factors and procedures specified in other
articles of this chapter and:
(1) The danger to life and property due to increased flood heights or
velocities caused by encroachments.
(2) The danger that materials may be swept on to other lands or downstream
to the injury of others.
(3) The proposed water supply and sanitation systems and the ability
of these systems to prevent disease, contamination and unsanitary
conditions.
(4) The susceptibility of the proposed use and its contents to flood
damage and the effect of such damage on the individual owners.
(5) The importance of the services provided by the proposed use to the
community.
(6) The requirements of the use for a waterfront location.
(7) The availability of alternative locations not subject to flooding
for the proposed use.
(8) The compatibility of the proposed use with existing development and
development anticipated in the foreseeable future.
(9) The relationship of the proposed use to the Lower Saucon Township
Comprehensive Plan and the Lower Saucon Township stormwater management
objectives and regulations.
(10)
The safety of access to the property in times of flood of ordinary
and emergency vehicles.
(11)
The expected heights, velocity, duration, rate of rise and sediment
transport of the floodwaters expected at the site.
(12)
The requirements of the National Flood Insurance Program Regulations,
Part 59: General Provisions, and Part 60: Criteria for Land Management
and Use.
(13)
Such other factors which are relevant to the purposes of this
chapter.
I. Supplemental technical review. The Boards may refer any application
and accompanying documentation pertaining to any request for a variance
to the Township Engineer or other qualified person or agency for:
(1) Technical assistance in evaluating the proposed project in relation
to flood heights and velocities, and the adequacy of the plans for
protection and other related matters.
(2) All hydrologic and hydraulic analyses shall be undertaken only by
professional engineers or others of demonstrated qualifications who
shall certify that the technical methods used correctly reflect currently
accepted technical concepts. Studies, analyses, computations, etc.,
shall be submitted in sufficient detail to allow a thorough technical
review by Lower Saucon Township and the Pennsylvania Department of
Community and Economic Development.
J. Notwithstanding any of the above, however, all structures shall be
designed and constructed so as to have the capability of withstanding
the one-percent-annual-chance flood.