Township of Union, PA Article VII Waivers

§ 106-30 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 Board of Supervisors may, upon request, grant relief from the strict application of the requirements.

§ 106-31 Waiver procedures and conditions.

Requests for waivers shall be considered by the Board of Supervisors in accordance with the procedures contained in § 106-8 and the following:

A. No waiver shall be granted for any construction, development, use, or activity within any Floodway Area/District that would cause any increase in the BFE.

B. No waiver shall be granted for any construction, development, use, or activity within any AE Area/District without floodway that would, together with all other existing and anticipated development, increase the BFE more than one foot at any point.

C. Except for a possible modification of the regulatory flood elevation requirement involved, no waiver shall be granted for any of the other requirements pertaining specifically to development regulated by special permit (or prohibited activities) (Article V) or to development which may endanger human life (§ 106-23).

D. If granted, a waiver shall involve only the least modification necessary to provide relief.

E. In granting any waiver, the Board of Supervisors 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 waiver is granted, the Board of Supervisors shall notify the applicant in writing that:

(1) The granting of the waiver may result in increased premium rates for flood insurance.

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

G. In reviewing any request for a waiver, the Board of Supervisors shall consider, at a minimum, the following:

(1) That there is good and sufficient cause.

(2) That failure to grant the waiver would result in exceptional hardship to the applicant.

(3) That the granting of the waiver 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 waiver requests and related actions shall be maintained by the Board of Supervisors. In addition, a report of all waivers granted during the year shall be included in the annual report to FEMA.

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.