[Ord. 3/13/1995; as amended by Ord. 2004-1, 3/8/2004; and by Ord. 2013-01, 6/10/2013; and by Ord. 2016-02, 5/9/2016]
1.
Intent.
The intent of this provision is to:
A.
Promote
the general health, welfare, and safety of the community.
B.
Encourage
the utilization of appropriate construction practices in order to
prevent or minimize flood damage in the future.
C.
Minimize
danger to public health by protecting water supply and natural drainage.
D.
Reduce
financial burdens imposed on the community, its governmental units,
and its residents, by preventing excessive development in areas subject
to flooding.
E.
Comply
with Federal and State floodplain management requirements.
2.
Applicability.
A.
It shall
be unlawful for any person, partnership, business or corporation to
undertake, or cause to be undertaken, any construction or development
anywhere within the Township unless a permit has been obtained from
the Zoning Officer.
B.
A zoning
permit application, with additional data and documentation identified
in §27-1503.12, shall be submitted to the Zoning Officer for
any activity in a floodplain.
3.
Abrogation
and Greater Restrictions. This Part supersedes any other conflicting
provisions which may be in effect in identified floodplain areas.
However, any other ordinance provisions shall remain in full force
and effect to the extent that those provisions are more restrictive.
If there is any conflict between any of the provisions of this Part,
the more restrictive shall apply.
4.
Severability.
If any Section, subsection, paragraph, sentence, clause, or phrase
of this Part shall be declared invalid for any reason whatsoever,
such a decision shall not affect the remaining portions of the Part,
which shall remain in full force and effect, and for this purpose
the provisions of this Part are hereby declared to be severable.
5.
Warning
and Disclaimer of Liability.
A.
The degree
of flood protection sought by the provisions of this Part is considered
reasonable for regulatory purposes and is based on acceptable engineering
methods of study. Larger floods may occur or flood heights may be
increased by man-made or natural causes, such as ice jams and bridge
openings restricted by debris. This Part does not imply that areas
outside any identified floodplain areas, or that land uses permitted
within such areas, will be free from flooding or flood damages.
B.
This
Part shall not create liability on the part of the Township or any
officer or employee thereof for any flood damages that result from
reliance on this Part or any administrative decision lawfully made
thereunder.
[Ord. 3/13/1995; as amended by Ord. 2004-1, 3/8/2004; by Ord. 2013-01, 6/10/2013; and by Ord. 2016-02, 5/9/2016]
1.
Identification.
The identified floodplain area shall be any areas of the Township
of Wolf, classified as Special Flood Hazard Areas (SFHAs) in the Flood
Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps
(FIRMs) dated June 2, 2016, and issued by the Federal Emergency Management
Agency (FEMA), or the most recent revision thereof, including all
digital data developed as part of the Flood Insurance Study. The FIS
and FIRMs referenced above, and any subsequent revisions and amendments
are hereby adopted by the Township of Wolf and declared to be included
in this Part.
2.
Description
of Floodplain Areas. The identified floodplain area shall consist
of the following specific areas:
A.
The floodway
area shall be those areas identified in the FIS and the FIRM as floodway
and which represent the channel of a watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without increasing the water surface elevation by more than one foot
at any point. This term shall also include floodway areas which have
been identified in other available studies or sources of information
for those Special Flood Hazard Areas where no floodway has been identified
in the FIS and FIRM.
B.
The AE
Area/Flood Fringe District shall be those areas identified as an AE
Zone on the FIRM included in the FIS prepared by FEMA for which base
flood elevations have been provided.
(1)
The AE Area adjacent to the floodway shall be those areas identified
as an AE Zone on the FIRM included in the FIS prepared by FEMA for
which base flood elevations have been provided and a floodway has
been delineated.
C.
The A
Area/District shall be those areas identified as an A Zone on the
FIRM included in the FIS prepared by FEMA and for which no base flood
elevations have been provided. For these areas, elevation and floodway
information from other Federal, State, or other acceptable sources
shall be used when available. In lieu of the above, the Township may
require the applicant to determine the elevation with hydrologic and
hydraulic engineering techniques. Hydrologic and hydraulic analyses
shall be undertaken only by professional engineers, or others of demonstrated
qualifications, who shall certify that the technical methods used
correctly reflect currently accepted technical concepts. Studies,
analyses, computations, etc., shall be submitted in sufficient detail
to allow a thorough technical review by the Township.
3.
Changes in Identification of Area. The identified floodplain area may be revised or modified by the Board of Supervisors where studies or information provided by a qualified agency or person documents the need for such revision. However, prior to any such change to the Special Flood Hazard Area, approval must be obtained from FEMA. Additionally, as soon as practicable, but not later than six months after the date such information becomes available, a community shall notify FEMA of the changes to the Special Flood Hazard Area by submitting technical or scientific data. See §27-903 for situations where FEMA notification is required.
4.
Boundary
Disputes. Should a dispute concerning any identified floodplain boundary
arise, an initial determination shall be made by the Zoning Officer.
Any party aggrieved by this decision or determination may appeal to
the Zoning Hearing Board. The burden of proof shall be on the appellant.
5.
Jurisdictional
Boundary Changes. Prior to development occurring in areas where annexation
or other corporate boundary changes are proposed or have occurred,
the community shall review flood hazard data affecting the lands subject
to boundary changes. The community shall adopt and enforce floodplain
regulations in areas subject to annexation or corporate boundary changes
which meet or exceed those in 44 CFR 60.3.
[Ord. 3/13/1995; as amended by Ord. 2004-1, 3/8/2004; and by Ord. 2016-02, 5/9/2016]
1.
Alteration
or Relocation of Watercourse.
A.
No encroachment,
alteration or improvement of any kind shall be made to any watercourse
until all adjacent municipalities that may be affected by such action
have been notified by the Township, and until all required permits
or approvals have been first obtained from the Department of Environmental
Protection’s Regional Office.
B.
No encroachment,
alteration or improvement of any kind shall be made to any watercourse
unless it can be shown that the activity will not reduce or impede
the flood carrying capacity of the watercourse in any way.
C.
In addition,
FEMA and Pennsylvania Department of Community and Economic Development
shall be notified prior to any alteration or relocation of any watercourse.
D.
Any new
construction, development, uses or activities allowed within any identified
floodplain area shall be undertaken in strict compliance with the
provisions contained in this Part and any other applicable codes,
ordinances and regulations.
2.
Submission
of Technical or Scientific Data. Technical or scientific data is a
community responsibility that requires processing Letters of Map Change
in the following instances:
A.
Any development
occurring in Zone AE without a designated floodway, which will cause
a rise of more than one foot in the base flood elevation; or
B.
Alteration
or relocation of a stream (including but not limited to installing
culverts and bridges).
C.
The applicant
shall:
(1)
Apply to FEMA for conditional approval of such action prior to permitting
the encroachments to occur.
(2)
Upon receipt of conditional approval of map change and prior to approving
the proposed encroachments, an applicant shall provide evidence to
FEMA of the adoption of floodplain management ordinances incorporating
the increased base flood elevations and/or revised floodway reflecting
the post-project condition.
(3)
Upon completion of the proposed encroachments, an applicant shall
provide as-built certifications. FEMA will initiate a final map revision
upon receipt of such certifications in accordance with 44 CFR 67.
3.
Special
Requirements for FW, AE, and A Areas.
A.
With
any FW (floodway area), the following provisions apply:
(1)
Within any floodway area, no encroachments, including fill, new construction,
substantial improvements, or other development, shall be permitted
unless it has been demonstrated through hydrologic and hydraulic analysis
performed in accordance with standard engineering practice that the
proposed encroachment would not result in any increase in flood levels
within the community during the occurrence of the base flood discharge.
(2)
No new construction or development shall be allowed unless a permit
is obtained from the Department of Environmental Protection’s
Regional Office.
B.
Within
any AE (Special Floodplain Area), no new construction or development
shall be allowed unless it is demonstrated that the cumulative effect
of the proposed development, when combined with all other existing
and anticipated development, will not increase the elevation of the
100-year flood more than one foot at any point.
C.
Within
any AE (Special Floodplain Area) or A (General Floodplain Area), the
following provisions apply:
(1)
No new construction or development shall be located within the area
measured 50 feet landward from the top-of-bank of any watercourse
unless a permit is obtained from the Department of Environmental Protection’s
Regional Office.
(2)
No new construction, development, use, activity or encroachment shall
be allowed that would cause any increase in flood heights.
4.
Elevation
and Floodproofing Requirements.
A.
Residential
Structures.
(1)
In AE Zone, any new construction or substantial improvement shall
have the lowest floor (including basement) elevated up to, or above,
the regulatory flood elevation.
(2)
In A Zones, where there are no base flood elevations specified on
the FIRM, any new construction or substantial improvement shall have
the lowest floor (including basement) elevated up to, or above, the
regulatory flood elevation determined in accordance with §27-902.2.C
of this Part.
(3)
The design and construction standards and specifications contained
in the 2009 International Building Code (IBC) and in the 2009 International
Residential Code (IRC) or the most recent revisions thereof and ASCE
24 and 34 Pa.Code (Chapters 401 through 405 as amended) shall be utilized,
where they are more restrictive.
B.
Nonresidential
Structures.
(1)
In AE Zones, any new construction or substantial improvement of a
nonresidential structure shall have the lowest floor (including basement)
elevated up to, or above, the regulatory flood elevation, or be designed
and constructed so that the space enclosed below the regulatory flood
elevation:
(2)
In A Zones, where no base flood elevations are specified on the FIRM,
any new construction or substantial improvement shall have the lowest
floor (including basement) elevated or completely floodproofed up
to, or above, the regulatory flood elevation determined in accordance
with §27-902.2.C of this Part.
(3)
Any nonresidential structure, or part thereof, made watertight below
the regulatory flood elevation shall be floodproofed in accordance
with the WI or W2 space classification standards contained in the
publication entitled “Flood-Proofing Regulations” published
by the U.S. Army Corps of Engineers (June 1972, as amended March 1992)
or with some other equivalent standard. All plans and specifications
for such floodproofing shall be accompanied by a statement certified
by a registered professional engineer or architect which states that
the proposed design and methods of construction are in conformance
with the above referenced standards.
(4)
The design and construction standards and specifications contained
in the 2009 International Building Code (IBC) and in the 2009 International
Residential Code (IRC) or the most recent revisions thereof and ASCE
24 and 34 Pa.Code (Chapters 401 through 405 as amended) shall be utilized,
where they are more restrictive.
C.
Space
Below the Lowest Floor.
(1)
Fully enclosed space below the lowest floor (excluding basements)
which will be used solely for the parking of a vehicle, building access,
or incidental storage in an area other than a basement shall be designed
and constructed to allow for the automatic entry and exit of floodwaters
for the purpose of equalizing hydrostatic forces on exterior walls.
The term “fully enclosed space” also includes crawl spaces.
Designs for meeting this requirement must either be certified by a
registered professional engineer or architect, or meet or exceed the
following minimum criteria:
(a)
A minimum of two openings having a net total area of not less than
one square inch for every square foot of enclosed space.
(b)
The bottom of all openings shall be no higher than one foot above
grade.
(c)
Openings may be equipped with screens, louvers, or other coverings
or devices provided that they permit the automatic entry and exit
of floodwaters.
D.
Accessory
Structures. Structures accessory to a principal building need not
be elevated or floodproofed to remain dry, but shall comply, at a
minimum, with the following requirements:
(1)
The structure shall not be designed or used for human habitation,
but shall be limited to the parking of vehicles, or to the storage
of tools, material, and equipment related to the principal use or
activity.
(2)
Floor area shall not exceed 200 square feet.
(3)
The structure will have a low damage potential.
(4)
The structure will be located on the site so as to cause the least
obstruction to the flow of floodwaters.
(5)
Power lines, wiring, and outlets will be elevated to the regulatory
flood elevation.
(6)
Permanently affixed utility equipment and appliances, such as furnaces,
heaters, washers, dryers, etc., are prohibited.
(7)
Sanitary facilities are prohibited.
(8)
The structure shall be adequately anchored to prevent flotation,
collapse, and lateral movement and shall be designed to automatically
provide for the entry and exit of floodwater for the purpose of equalizing
hydrostatic forces on the walls. Designs for meeting this requirement
must either be certified by a registered professional engineer or
architect, or meet or exceed the following minimum criteria:
(a)
A minimum of two openings having a net total area of not less than
one square inch for every square foot of enclosed space.
(b)
The bottom of all openings shall be no higher than one foot above
grade.
(c)
Openings may be equipped with screens, louvers, etc., or other coverings
or devices provided that they permit the automatic entry and exit
of floodwaters.
E.
Historic
Structures. Historic structures undergoing repair or rehabilitation
that would constitute a substantial improvement as defined in this
Part must comply with all Code requirements that do not preclude the
structure’s continued designation as a historic structure. Documentation
that a specific Code requirement will cause removal of the structure
from the National Register of Historic Places or the State Inventory
of Historic Places must be obtained from the Secretary of the Interior
or the State Historic Preservation Officer. Any exemption from Code
requirements will be the minimum necessary to preserve the historic
character and design of the structure.
5.
Design
and Construction Standards. The following minimum standards shall
apply for all construction and development proposed within any identified
floodplain area:
A.
Fill.
If fill is used, it shall:
(1)
Extend laterally at least 15 feet beyond the building line from all
points.
(2)
Consist of soil or small rock materials only. Sanitary landfills
shall not be permitted.
(3)
Be compacted to provide the necessary permeability and resistance
to erosion, scouring, or settling.
(4)
Be no steeper than one vertical to two horizontal feet unless substantiated
data justifying steeper slopes are submitted to and approved by the
Zoning Officer.
(5)
Be used to the extent to which it does not adversely affect adjacent
properties.
B.
Drainage
Facilities. Storm drainage facilities shall be designed to convey
the flow of storm water runoff in a safe and efficient manner. The
system shall ensure proper drainage along streets, and provide positive
drainage away from buildings. The system shall also be designed to
prevent the discharge of excess runoff onto adjacent properties.
C.
Water
and Sanitary Sewer Facilities and Systems.
(1)
All new or replacement water and sanitary sewer facilities and systems
shall be located, designed and constructed to minimize or eliminate
flood damages and the infiltration of floodwaters.
(2)
Sanitary sewer facilities and systems shall be designed to prevent
the discharge of untreated sewage into floodwaters.
(3)
No part of any on-site waste disposal system shall be located within
any identified floodplain area except in strict compliance with all
State and local regulations for such systems. If any such system is
permitted, it shall be located so as to avoid impairment to it, or
contamination from it, during a flood.
(4)
The design and construction provisions of the UCC and FEMA #348,
“Protecting Building Utilities from Flood Damage” and
“The International Private Sewage Disposal Code” shall
be utilized.
D.
Other
Utilities. All other utilities such as gas lines, electrical and telephone
systems shall be located, elevated (where possible) and constructed
to minimize the chance of impairment during a flood.
E.
Streets.
The finished elevation of all new streets shall be no more than one
foot below the regulatory flood elevation.
F.
Storage.
All materials that are buoyant, flammable, explosive or, in times
of flooding, could be injurious to human, animal, or plant life, and
not listed in §27-903.6, “Development Which May Endanger
Human Life,” shall be stored at or above the regulatory flood
elevation or floodproofed to the maximum extent possible.
G.
Placement
of Buildings and Structures. Review permits to ensure all buildings
and structures are designed, located, and constructed so as to offer
the minimum obstruction to the flow of water and shall be designed
to have a minimum effect upon the flow and height of floodwater.
H.
Anchoring.
(1)
All buildings and structures shall be firmly anchored in accordance
with accepted engineering practices to prevent flotation, collapse,
or lateral movement.
(2)
All air ducts, large pipes, storage tanks, and other similar objects
or components located below the regulatory flood elevation shall be
securely anchored or affixed to prevent flotation.
I.
Floors,
Walls and Ceilings.
(1)
Wood flooring used at or below the regulatory flood elevation shall
be installed to accommodate a lateral expansion of the flooring, perpendicular
to the flooring grain, without causing structural damage to the building.
(2)
Plywood used at or below the regulatory flood elevation shall be
of a marine or water-resistant variety.
(3)
Walls and ceilings at or below the regulatory flood elevation shall
be designed and constructed of materials that are water-resistant
and will withstand inundation.
(4)
Windows, doors, and other components at or below the regulatory flood
elevation shall be made of metal or other water-resistant material.
J.
Paints
and Adhesives.
(1)
Paints and other finishes used at or below the regulatory flood elevation
shall be of marine or water-resistant quality.
(2)
Adhesives used at or below the regulatory flood elevation shall be
of a marine or water-resistant variety.
(3)
All wooden components (doors, trim, cabinets, etc.) used at or below
the regulatory flood elevation shall be finished with a marine or
water-resistant paint or other finishing material.
L.
Equipment.
Water heaters, furnaces, air conditioning and ventilating units, and
other electrical, mechanical or utility equipment or apparatus shall
not be located below the regulatory flood elevation.
M.
Fuel
Supply Systems. All gas and oil supply systems shall be designed to
prevent the infiltration of floodwaters into the system and discharges
from the system into floodwaters. Additional provisions shall be made
for the drainage of these systems in the event that floodwater infiltration
occurs.
N.
Uniform
Construction Code Coordination. The Standards and Specifications contained
in 34 Pa.Code (Chapters 401 through 405), as amended and not limited
to the following provisions, shall apply to the above and other sections
and subsections of this Part, to the extent that they are more restrictive
and supplement the requirements of this Part.
O.
If any
proposed construction or development is located entirely or partially
within any identified floodplain area, applicants for permits shall
provide all the necessary information in sufficient detail and clarity
to enable the Floodplain Administrator to determine that:
(1)
All such proposals are consistent with the need to minimize flood
damage and conform with the requirements of this and all other applicable
codes and ordinances;
(2)
All utilities and facilities, such as sewer, gas, electrical and
water systems, are located and constructed to minimize or eliminate
flood damage;
(3)
Adequate drainage is provided so as to reduce exposure to flood hazards;
(4)
Structures will be anchored to prevent flotation, collapse, or lateral
movement;
(5)
Building materials are flood-resistant;
(6)
Appropriate practices that minimize flood damage have been used;
(7)
Electrical, heating, ventilation, plumbing, air conditioning equipment,
and other service facilities have been designed and located to prevent
water entry or accumulation; and
(8)
The proposed lowest floor elevation of any proposed building based
upon North American Vertical Datum of 1988; the elevation of the base
flood; and detailed information concerning any proposed floodproofing
measures and corresponding elevations.
6.
Development
Which May Endanger Human Life.
A.
In accordance
with the Pennsylvania Flood Plain Management Act, and the regulations
adopted by the Department of Community and Economic Development as
required by the Act, any new or substantially improved structure which:
(1)
Will be used for the production or storage of any of the following
dangerous materials or substances; or
(2)
Will be used for any activity requiring the maintenance of a supply
of more than 550 gallons, or other comparable volume, of any of the
following dangerous materials or substances on the premises; or
(3)
Will involve the production, storage, or use of any amount of radioactive
substances;
(4)
Shall be subject to the provisions of this Section, in addition to
all other applicable provisions. The following list of materials and
substances are considered dangerous to human life:
(a)
Acetone
(b)
Ammonia
(c)
Benzene
(d)
Calcium carbide
(e)
Carbon disulfide
(f)
Celluloid
(g)
Chlorine
(h)
Hydrochloric acid
(i)
Hydrocyanic acid
(j)
Magnesium
(k)
Nitric acid and oxides of nitrogen
(l)
Petroleum products (gasoline, fuel oil, etc.)
(m)
Phosphorus
(n)
Potassium
(o)
Sodium
(p)
Sulphur and sulphur products
(q)
Pesticides (including insecticides, fungicides, and rodenticides)
(r)
Radioactive substances, insofar as such substances are not otherwise
regulated.
B.
Within
any identified floodplain area, any new or substantially improved
structure of the kind described in Subsection 6.A, above, shall be
prohibited within the area measured 50 feet landward from the top-of-bank
of any watercourse.
C.
Within
any floodway area, any structure of the kind described in Subsection
6.A, above, shall be prohibited. Where permitted within any identified
floodplain area, any new or substantially improved residential structure
of the kind described in §27-903.6.A above, shall be elevated
to remain completely dry up to at least 1½ feet above base
flood elevation and built in accordance with §§27-903.1,
27-903.4 and 27-903.5.
D.
Where
permitted within any identified floodplain area, any new or substantially
improved nonresidential structure of the kind described in Subsection
6.A, above, shall be built in accordance with §§27-903.1,
27-903.4 and 27-903.5 including:
(1)
Elevated or designed and constructed to remain completely dry up
to at least 1½ feet above base flood elevation.
(2)
Designed to prevent pollution from the structure or activity during
the course of a base flood. Any such structure, or part thereof, that
will be built below the regulatory flood elevation shall be designed
and constructed in accordance with the standards for completely dry
floodproofing contained in the publication “Floodproofing Regulations”
(U.S. Army Corps of Engineers, June 1972 as amended March 1992) or
with some other equivalent watertight standard.
7.
Special
Requirements for Manufactured Homes. Where permitted within any identified
floodplain area, all manufactured homes, and any improvements thereto,
shall be:
A.
Placed
on a permanent foundation.
B.
Elevated
so that the bottom of the lowest floor of the manufactured home is
at least 1½ feet above the base flood elevation.
C.
Anchored
to resist flotation, collapse, or lateral movement.
D.
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 2009 “International Residential Building Code”
or the “U. S. Department of Housing and Urban Development’s
Permanent Foundations for Manufactured Housing,” 1984 Edition,
draft or latest revision thereto and 34 Pa.Code Chapters 401 through
405 shall apply.
E.
Consideration
shall be given to the installation requirements of the 2009 IBC, and
the 2009 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 unit(s) installation.
8.
Special
Requirements for Subdivisions and Development. All subdivision proposals
and development proposals containing at least 50 lots or at least
five acres, whichever is the lesser, in any identified floodplain
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 and Letter of Map Revision. Submittal
requirements and processing fees shall be the responsibility of the
applicant.
[Ord. 3/13/1995; as amended by Ord. 2004-1, 3/8/2004; and by Ord. 2016-02, 5/9/2016]
1.
Existing Structures. The provisions of this Part do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to any existing structure, the provisions of Subsection 2 shall apply.
2.
Improvements.
The following provisions shall apply whenever any improvement is made
to an existing structure located within any identified floodplain
area:
A.
No expansion
or enlargement of an existing structure shall be allowed within any
floodway area that would cause any increase in BFE.
B.
No expansion
or enlargement of an existing structure shall be allowed within an
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.
C.
Any modification,
alteration, reconstruction or improvement of any kind to an existing
structure, to an extent or amount of 50% or more of its market value,
shall constitute a substantial improvement and shall be undertaken
only in full compliance with the provisions of this Part.
D.
The above
activity shall also address the requirements of the 34 Pa.Code, as
amended, and the 2009 IBC and the 2009 IRC or the most recent version
of the codes.
E.
Within any floodway area/district (see §27-903), no new construction or development shall be allowed, unless the appropriate permit is obtained from the Department of Environmental Protection Regional Office.
F.
Within any AE Area/District without floodway (see §27-903), no new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse, unless the appropriate permit is obtained from the Department of Environmental Protection Regional Office.
G.
Any modification,
alteration, reconstruction or improvement of any kind to an existing
structure, to an extent or amount of less than 50% of its market value,
shall be elevated and/or floodproofed to the greatest extent possible.
[Ord. 3/13/1995; as amended by Ord. 2004-1, 3/8/2004; and by Ord. 2016-02, 5/9/2016]
1.
General.
If compliance with any of the requirements of this Part 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.
2.
Variance Procedures and Conditions. Requests for variances shall be considered by the Township in accordance with the procedures contained in §27-1303 and the following:
A.
No variance
shall be granted for any construction, development, use or activity
within any floodway area that would cause any increase in the 100-year
flood elevation.
B.
No variance
shall be granted for any construction, development, use or activity
within any AE area that would, together with all other existing and
anticipated development, increase the 100-year flood elevation more
than one foot at any point.
C.
Except
for a possible modification of the 1½ foot freeboard requirement,
no variance shall be granted for any of the other requirements pertaining
specifically to development regulated by special permit (§27-1503.12)
or to development which may endanger human life (§27-903.6).
D.
If granted,
a variance shall involve only the least modification necessary to
provide relief.
E.
In granting
any variance, the Township 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
Part.
G.
In reviewing
any request for a variance, the Township 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.
H.
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 annual report to FEMA.
|
Notwithstanding any of the above, however, all structures shall
be designed and constructed so as to have the capability of resisting
the 1% annual chance flood.
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