Requests for variances shall be considered by the Zoning Hearing Board in accordance with the procedures contained in § 151.031 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 BFE. In A Districts, BFEs are determined using the methodology in § 151.046(C).
(C) If granted, a variance shall involve only the least modification necessary to provide relief.
(D) In granting any variance, the 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) In reviewing any request for a variance, the township shall consider, at a minimum, the following:
(1) There is good and sufficient cause;
(2) Failure to grant the variance would result in exceptional hardship to the applicant;
(3) (a) The granting of the variance will:
1. Not result in any additional threats to the public safety or extraordinary public expense;
2. Nor create nuisances, cause fraud on, or victimize the public, or conflict with any other applicable state or local ordinances and regulations;
3. The granting of a variance is consistent with requirements of § 910.2, Zoning Hearing Board’s Functions, Variances, of the Pennsylvania Municipalities Planning Code (53 P.S. §§ 10101 et seq.), Act of 1968, P.K. 805, No. 247 as amended and § 1009A. of the Township Zoning Ordinance.
(b) Whenever a variance is granted, the township shall notify the applicant in writing that:
1. The granting of the variance may result in increased premium rates for flood insurance; and
2. Such variances may increase the risks to life and property.
(F) 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 the FEMA.
(G) 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.
(Ord. 177, passed 2-24-2015)