[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
If compliance with any of the requirements of this chapter would result in an exceptional hardship to a prospective builder, developer or landowner, the Borough of Elverson Zoning Hearing Board may, upon request, grant relief from the strict application of the requirements. In addition to § 140-33 below, also refer to Article XVI of Chapter 290, Zoning, for additional variance requirements.
A. 
Requests for variances shall be considered by the Borough of Elverson Zoning Hearing Board in accordance with the procedures contained in § 140-16 and the following:
(1) 
No variance shall be granted for any construction, development, use or activity within any floodway area that would cause any increase in the base flood elevation.
(2) 
No variance shall be granted for any construction, development, use or activity within any AE Area without floodway that would, together with all other existing and anticipated development, increase the BFE more than one foot at any point.
(3) 
No variances shall be granted for a proposed accessory structure that exceeds 600 square feet in size. A signed nonconversion agreement is required as a condition of receiving the variance.
(4) 
No variance shall be granted for prohibited activities (Article V) or to development which may endanger human life (§ 140-25).
(5) 
Conditions to granting a variance.
(a) 
Conditions to granting a variance. Upon consideration of the purposes of this chapter, the Zoning Hearing Board shall attach such conditions to the granting of a variance as it deems necessary to further the purposes of this chapter. In all variance proceedings, the burden of proof shall be on the applicant. The following conditions may be imposed to implement the purpose of this chapter:
[1] 
Modification of waste disposal and water supply facilities.
[2] 
Limitations on periods of the proposed use and operation.
[3] 
Imposition of operational controls, sureties and deed restrictions.
(b) 
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 any 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 Floodplain Administrator.
[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 Floodplain Ordinance of Elverson Borough, Chester County, Pennsylvania."
[4] 
If granted a variance, the applicant shall be required to comply with all requirements of the National Flood Insurance Program Regulations (60.3 a and b),[1] including the requirements for elevation, floodproofing and anchoring.
[1]
Editor's Note: See 44 CFR 60.3(a) and (b).
(c) 
No variance shall be granted for any use, development or activity within any identified floodplain area which would cause any increase in flood levels during a base flood.
(d) 
The grant of a variance shall require a determination that the granting of such variance will not result in additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with any other applicable laws, ordinances or regulations.
(e) 
Whenever a variance is granted, the Board shall notify the applicant in writing that:
[1] 
The granting of a variance may result in increased premium rates for flood insurance.
[2] 
Such variance may increase the risks to life and property.
(f) 
Uses acceptable for variance consideration. The following uses and no others shall be eligible for variance consideration:
[1] 
Nonstructural accessory uses customarily incident to any permitted uses.
[2] 
Permeable parking areas and roads to serve other permitted uses.
[3] 
Dams, culverts and bridges.
[4] 
Sealed water supply wells, water pipelines and sanitary sewer lines, provided they are designed and constructed to eliminate infiltration of floodwater into the systems and discharges from the systems into the waters of the commonwealth.
[5] 
Sewage and water pumping stations, provided they are designed and constructed to eliminate infiltration of floodwater into the systems and discharges from the systems into the waters of the commonwealth.
(6) 
A complete record of all variance requests and related actions shall be maintained by the Borough of Elverson Zoning Hearing Board. In addition, a report of all variances granted during the year shall be included in the annual report to the FEMA.
B. 
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.