Township of Lower Providence, PA Article V Variances and Special Requirements

§ 86-500 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 LPT ZHB may, upon request, grant relief from the strict application of these requirements, except where specifically prohibited by this chapter.

§ 86-501 Variance procedures and conditions.

A. An applicant seeking approval for a variance as set forth and regulated in this chapter shall be required to request and obtain approval of a variance according to the provisions for a variance set forth in this chapter and Chapter 143, Zoning, of the Code of the Township of Lower Providence.

B. All variance applications shall be forwarded to the LPT ZHB, along with any required studies or information supplied by the applicant.

C. No variance shall be granted for any construction, development, use, or activity within any area of floodway that would cause any increase in the BFE as shown by hydrologic and hydraulic analyses conducted in accordance with this chapter.

D. No variance shall be granted for any construction, development, use, or activity within any Zone AE or Zone A that would, together with all other existing and anticipated development, increase the BFE more than one foot at any location.

E. No variance shall be granted for any of the other requirements pertaining specifically to development regulated by Articles VI and VII of this chapter, concerning special technical requirements or development which may endanger human life.

§ 86-502 Special requirements for subdivisions.

A. All subdivision proposals and development proposals involving at least 50 lots or dwelling units, or at least five acres, whichever is the lesser, and are located entirely or in part in flood hazard areas where BFE data are not available, shall provide hydrologic and hydraulic analyses conducted in accordance with this chapter that determine BFEs and floodway information for the site. The analyses shall be prepared by a licensed professional engineer in a format required by FEMA for a CLOMR or LOMR.

B. For subdivision proposals and development proposals involving less than 50 lots or dwelling units and which are located entirely or in part in flood hazard areas where BFE data are not available, determination of floodplain applicability shall be undertaken by the Floodplain Administrator who shall rely on the then current FEMA floodplain mapping, hydrologic and hydraulic analyses conducted in accordance with this chapter, and/or other documentation provided by the applicant.

§ 86-503 Special requirements for manufactured homes.

A. Within the FCD, manufactured homes shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.

B. Where permitted by variance within the FCD, all manufactured homes, and any improvements thereto, shall be:

(1) Placed on a permanent foundation;

(2) Elevated so that the lowest floor of the manufactured home is at least one and one-half feet above the BFE; and

(3) Anchored to resist flotation, collapse, or lateral movement.

C. Installation of manufactured homes shall be done in accordance with the manufacturers' installation instructions as provided by the manufacturer. Where the applicant cannot provide the above information, the requirements of Appendix E of the 2009 IRC or the US HUD's Permanent Foundations for Manufactured Housing, 1984 Edition, draft or latest revision thereto, shall apply, as well as 34 Pa. Code Chapters 401 through 405.

D. Consideration shall be given to the installation requirements of the 2009 IBC and the 2009 IRC, or the most recent revisions thereto, as well as Title 34 of the Pennsylvania Code, as amended, where appropriate and/or applicable to units where the manufacturers' standards for anchoring cannot be provided or were not established for the proposed installation.

§ 86-504 Special requirements for recreational vehicles.

Recreational vehicles in Zone AE must either:

A. Be on the site for fewer than 180 consecutive days; and be fully licensed and ready for highway use; or

B. Meet the special requirements for manufactured homes set forth in this article.

§ 86-505 Variance conditions.

A. If granted, a variance shall only provide the least modification necessary to provide relief.

B. In granting any variance, the LPT ZHB shall attach the conditions and safeguards outlined in Article VI applicable to the proposal. These conditions and safeguards are necessary in order to protect the public health, safety, and welfare of the residents of Lower Providence Township. In addition, the LPT ZHB may attached any additional reasonable conditions it believes are necessary to protect the public health, safety, and welfare in accordance with the MPC.

C. Whenever a variance is granted, the LPT ZHB shall notify the applicant in writing that:

(1) The granting of the variance may result in increased premium rates for flood insurance; and

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

D. In reviewing any request for a variance, the LPT ZHB shall consider, at a minimum, the following:

(1) That there is good and sufficient cause to grant the variance, including:

(a) That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property and that the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of this chapter in the neighborhood or zoning district in which the property is located.

(b) That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of this chapter and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.

(c) That such unnecessary hardship has not been created by the applicant.

(d) That the variance, if authorized, will not alter the essential character of the neighborhood or zoning district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare.

(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 a 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.

E. A complete record of all variance requests and related actions shall be maintained by the Township. In addition, a report of all variances granted during the previous two years shall be included in the biennial report to FEMA.