[Ord. 175, 8/5/2014, § 8-801]
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 may, upon request, grant relief
from the strict application of such requirements of this chapter.
[Ord. 175, 8/5/2014, § 8-802]
Requests for floodplain variances shall be considered by the Zoning Hearing Board in accordance with the procedures contained in Part
20 of the Zoning Ordinance [Chapter
27] (related to Zoning Hearing Board) and the following requirements:
A. Except for a possible modification of the regulatory flood elevation requirement involved, no floodplain variance shall be granted for any of the other requirements pertaining specifically to development regulated by Development Which May Endanger Human Life contained in §
8-504 of this chapter.
B. No floodplain variance shall be granted for development regulated by Part
6 of this chapter (Prohibited Activities).
C. If granted, a floodplain variance shall involve only the least modification
necessary to provide relief.
D. In granting any floodplain variance, the 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 floodplain variance is granted, the Zoning Hearing Board
shall notify the applicant in writing that:
(1) The granting of the floodplain variance may result in increased premium
rates for flood insurance; and
(2) Such floodplain variance may increase the risks to life and property.
F. In reviewing any request for a floodplain variance, the Zoning Hearing
Board shall consider, at a minimum, the following:
(1) That there is good and sufficient cause.
(2) That failure to grant the floodplain variance would result in exceptional
hardship to the applicant.
(3) That the granting of the floodplain variance will neither:
(a)
Result in an unacceptable or prohibited increase in flood heights,
additional 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 ordinances and regulations.
G. A complete record of all floodplain variance requests and related
actions shall be maintained by the Township. In addition, a report
of all floodplain variances granted during the year shall be included
in the Township's annual report to the FEMA.
H. Notwithstanding any of the above, however, all structures shall be
designed and constructed so as to have the capability of resisting
the 1% annual chance flood.