Township of Franconia, PA Article V Variances

§ 78-18 General provisions.

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 may, upon request, grant relief from the strict application of the requirements.

§ 78-19 Variance procedures and conditions.

A. An application for a floodplain permit shall be filed with the Township in accordance with Article VIII of this chapter for any construction or development in the Floodplain Conservation District and shall be reviewed by the floodplain administrator for an initial determination. For a use other than those permitted in Article IV, an application seeking approval by variance shall be forwarded to the Zoning Hearing Board along with required studies or information and the findings of the floodplain administrator.

B. No variance shall be granted for any construction, development, use, or activity within any Floodway Area that would cause any increase in the BFE.

C. No variance 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.

D. No variance shall be granted for any of the other requirements pertaining specifically to development regulated by § 78-32 (pertaining to special technical requirements for activities requiring a special permit) or to development which may endanger human life (§ 78-27A).

E. The Zoning Hearing Board shall provide public notice, conduct the hearing and make decisions in accordance with § 145-161 of the Zoning Ordinance.

§ 78-20 Special requirements for subdivisions and land developments.

All subdivision proposals and development proposals containing at least 10 lots or at least five acres, whichever is the lesser, in flood hazard areas where base flood elevation data are not available shall be supported by hydrologic and hydraulic engineering analyses that determine base flood elevations and floodway information. The analyses shall be prepared by a licensed professional engineer in a format required by FEMA for a conditional letter of map revision or letter of map revision.

§ 78-21 Special requirements for manufactured homes.

A. Within the Floodplain Conservation District, 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 Floodplain Conservation District, all manufactured homes, and any improvements thereto, shall:

(1) Be placed on a permanent foundation.

(2) Be elevated so that the lowest floor of the manufactured home is at least 1 1/2 feet above the base flood elevation.

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

(4) Have all ductwork and utilities, including HVAC/heat pump, elevated to the regulatory flood elevation.

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 International Residential Building Code or the United States Department of Housing and Urban Development's Permanent Foundations for Manufactured Housing, 1984 Edition, draft or latest revision thereto, shall apply and 34 Pa. Code, Chapters 401-405.

D. Consideration shall be given to the installation requirements of the IBC and the IRC, or the most-recent revisions thereto, and 34 Pa. 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.

§ 78-22 Special requirements for recreational vehicles.

A. Recreational vehicles in the Floodplain Conservation District must either:

(1) Be on the site for fewer than 180 consecutive days; and

(2) Be fully licensed and ready for highway use; or

(3) Meet the permit requirements for manufactured homes in § 78-21.

§ 78-23 Special requirements for grading, fill, new structures and storage of materials.

A. Any application involving the use of fill, the construction of structures or the storage of materials shall be accompanied by the following:

(1) A plan, certified by a registered professional engineer, which accurately locates the proposed floodplain use with respect to the floodplain district limits, channel or stream, and existing floodplain developments, together with all pertinent information, such as the nature of the proposal, legal description of the property, fill limits and elevations, and proposed floodproofing measures, including those required by the Township Building Code, as amended, and the provisions of this chapter.

(2) Such of the following additional information as is deemed necessary by either the floodplain administrator in consultation with the Township Engineer or the Zoning Hearing Board for evaluation of the effects of the proposal upon flood flows and floodplain storage and to render a decision on the proposed floodplain use:

(a) Cross sections showing the channel of the stream, top of banks, the floodplain adjoining each side of the channel, the cross-sectional area to be occupied by the proposed development and existing and proposed high-water information.

(b) A plan surface view showing the elevations and contours of the ground at vertical intervals of two feet; pertinent structures, fill and/or storage elevation(s); the size, location and spatial arrangement of all proposed and existing structures on the site; the location and elevation of streets, water supply, sanitary facilities and soil types; and other pertinent information.

(c) A profile showing the slope of the bottom of the channel.

(d) Specifications for building construction and materials floodproofing, filling, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities, in accordance with the provisions contained in the Franconia Township Code, as amended.

§ 78-24 Variance conditions.

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

B. In granting any variance, the Zoning Hearing Board shall attach the reasonable conditions and safeguards outlined herein. These conditions and safeguards are necessary in order to protect the public health, safety, and welfare of the residents of the municipality.

C. Whenever a variance is granted, the 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.

(3) Such notification shall be maintained with a record of all decisions pertaining to the subject application.

D. 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, 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 the Zoning Ordinance in the neighborhood or 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 the Zoning Ordinance 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 appellant.

(d) That the variance, if authorized, will not alter the essential character of the neighborhood or 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 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.

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 year shall be included in the biennial report to FEMA.