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 West Brandywine Zoning Hearing Board
may, upon request, grant relief from the strict application of the
requirements, and in accordance with the procedures set forth in the
Township Zoning Officer.
Requests for variances shall be considered by the Township of West Brandywine Zoning Hearing Board in accordance with the procedures contained in §
89-311, those procedures governing the Zoning Hearing Board contained in the Township Zoning Ordinance, and the following:
A. No variance shall be granted within any identified floodplain area that would cause any increase in BFE. In A Area/District, BFEs are determined using the methodology in §
89-402C.
B. No variance shall be granted for prohibited activities (Article
VI), manufactured homes (§
89-506), or to development which may endanger human life (§
89-504).
C. If granted, a variance shall involve only the least modification
necessary to provide relief.
D. In granting any variance, the Township of West Brandywine 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 variance is granted, the Township of West Brandywine 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.
F. In reviewing any request for a variance, the Township of West Brandywine
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.
G. A complete record of all variance requests and related actions shall
be maintained by the Township of West Brandywine Zoning Hearing Board.
In addition, a report of all variances granted during the year shall
be included in the 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 one-percent annual chance flood.
I. In any case where the Board shall grant a variance to permit the
erection of a structure in any identified floodplain area or to permit
a change in a nonconforming use of an existing structure in the identified
floodplain area, the Board shall, for the protection of prospective
purchasers and lessees, impose the following conditions:
(1) Require the applicant to advise prospective purchasers and/or lessees
that the lot is located either entirely or partially, as the case
may be, in a floodplain area.
(2) Require that before settlement or change in nonconforming use, as
the case may be, may take place, the purchaser or lessee shall signify
in writing that he has been advised that the premises lie partially
or entirely in a floodplain area. A signed copy of the signification
shall be delivered to and retained by the Township Zoning Officer.
(3) Where the premises are to be conveyed, the deed shall contain the
following provisions:
"This lot is entirely (partially) within a floodplain as defined
by the Identified Floodplain Area Article of the Zoning Ordinance
of West Brandywine Township, Chester County, Pennsylvania."