If compliance with any of the requirements of this chapter would
result in an exceptional hardship to a prospective builder, developer
or landowner, Warrington Township may, upon request, grant relief
from the strict application of the requirements.
Requests for variances shall be considered by the Warrington
Township Zoning Hearing Board in accordance with the procedures contained
in § 181-15and
the following:
A. No variance shall be granted within any identified floodplain area that would cause any increase in BFE. In A Areas, BFEs are determined using the methodology in §
181-17C.
[Amended 1-10-2017 by Ord. No. 2017-O-01]
B. No variance shall be granted for development which may endanger human life (§
181-24) or prohibited activities (Article
VI).
C. The Warrington Township Engineer shall review all materials
related to requests for variances under this section and shall be
present at Zoning Hearing Board hearings to provide technical input
as needed. Expenses for the engineer review and appearance at hearings
shall be paid from the escrow established by the applicant.
D. If granted, a variance shall involve only the least
modification necessary to provide relief.
E. In granting any variance, the Warrington 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.
F. Whenever a variance is granted, the Warrington 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.
G. In reviewing any request for a variance, the Warrington
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: neither result
in an unacceptable or prohibited increase in flood heights, additional
threats to public safety, or extraordinary public expense; nor create
nuisances, cause fraud on, or victimize the public, or conflict with
any other applicable state or local ordinances and regulations.
(4) That all of the conditions required for granting a
variance listed in the Pennsylvania Municipalities Code or the Warrington Township Zoning Code are met.
(5) In rendering a decision, the Warrington Township Zoning
Hearing Board shall apply the most-restrictive requirements.
H. A complete record of all variance requests and related
actions shall be maintained by the Warrington Township Zoning Officer.
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.