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 of East Hempfield may, upon request, grant
relief from the strict application of the requirements.
Requests for variances shall be submitted to the Zoning Hearing Board. The Zoning Hearing Board shall consider such requests in accordance with the procedures contained in §
250-15 and the following:
A. No variance shall be granted for any construction, development, use,
or activity within any Floodway Area/District that would cause any
increase in the BFE.
B. Except for a possible modification of the regulatory flood elevation 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 development which may endanger human life (§
250-24).
C. No variance shall be granted for new development of special permit activities (Article
VI).
D. If granted, a variance shall involve only the least modification
necessary to provide relief.
E. In granting any 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.
F. Whenever a variance is granted, the Township of East Hempfield 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.
G. In reviewing any request for a 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 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.
H. A complete record of all variance requests and related actions shall
be maintained by the Township of East Hempfield. In addition, a report
of all variances granted during the year shall be included in the
annual report to FEMA.
I. Notwithstanding any of the above, however, all structures shall be
designed and constructed so as to have the capability of resisting
the one-percent-annual-chance flood.