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.
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.
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.
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.
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.
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:
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:
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.