Variance regulations.
A. The Zoning Hearing Board may, upon request, grant relief from a requirement under this article, should compliance with said requirement under this article, result in an exceptional hardship to a prospective applicant. The review of the Zoning Hearing Board on variance requests shall follow the guidelines established in
Article XIX: Administration. In addition, the following factors shall be considered. No variance shall be granted for any use or structure within the floodway portion of a Flood Hazard District until:
(1) The impact of the proposed activity or structure on the floodway is offset by stream improvements.
(2) The importance of a waterfront location by the proposed use is demonstrated to be essential.
(3) The accessibility of the tract to emergency vehicles in times of flooding is ensured.
(4) The danger of materials being swept onto lands downstream has been addressed.
B. No variance shall be granted for the construction of a jail, nursing home, nursery or other institutional facility, hospital, manufactured home park/mobile home park or other use regulated under the Pennsylvania Flood Plain Management Act of 1978-166.
C. The Zoning Hearing Board shall notify the applicant in writing that granting a variance to allow an activity or structure in the floodway will result in increased premium rates for flood insurance, and that such activity or structure increases risk to life and property.
D. The Zoning Hearing Board shall maintain a record of all decisions, and shall report all affirmation decisions to the Federal Insurance Administration on an annual basis.
Performance criteria for special exceptions and variances.
The Zoning Hearing Board shall attach the following conditions to the granting of a special exception for variance where applicable:
A. Any modification, enlargement, alteration or improvement to an existing structure shall be elevated not less than 1 1/2 feet above the one-hundred-year flood at the site.
B. Any and all fill materials shall:
(1) Extend laterally at least 15 feet beyond the building from all points.
(2) Consist of soil or small rock materials only; sanitary landfills shall not be permitted.
(3) Be compacted and stabilized to provide the necessary permeability and resistance to erosion, scouring, or settling.
(4) Be no steeper than one vertical to two horizontal, 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.
C. Drainage facilities. Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. The system shall insure proper drainage along streets and provide positive drainage away from buildings. The system shall be designed to provide for zero increase in stormwater runoff onto any adjacent property.
D. Sanitary sewer facilities. All sanitary sewer facilities and private package sewer treatment plants, including all pumping stations and collector systems, shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into the floodwaters. In addition, they should be located and constructed to minimize or eliminate flood damage and impairment.
E. Water facilities. All water facilities shall be designed to minimize or eliminate infiltration of floodwaters into the system and be located and constructed to minimize or eliminate flood damages.
F. Streets. The finished elevation of proposed new streets shall be equal to or higher than the one-hundred-year flood elevation.
G. Utilities. All utilities such as gas lines, electrical and telephone systems being placed in an identified floodplain area should be located, elevated and constructed to minimize the chance of impairment during a flood.
H. Storage. All materials that are buoyant, flammable, explosive or in times of flooding, could be injurious to human, animal or plant life, shall be stored above the one-hundred-year flood elevation and/or floodproofed to the maximum extent possible.
I. Buildings and structures. All buildings and structures shall be 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. All buildings and structures on or adjacent to floodplain areas shall make the following improvements:
(1) Paints or other finishes used at or below the one-hundred-year flood elevation shall be of water resistant quality.
(2) Adhesives used at or below the one-hundred-year flood elevation shall be water resistant.
(3) All wooden components shall be finished with a water-resistant paint or other finishing material.
(4) Electric or gas water heaters, furnaces, air conditioning and ventilating systems and other electrical equipment or apparatus shall not be located below the one-hundred-year flood elevation.
(5) Electrical distribution panels shall be at least three feet above the one-hundred-year flood elevation.
(6) Separate electrical circuits shall serve lower levels and shall be dropped from above.
J. Anchoring. All structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse or lateral movement, as per approved engineering drawings provided by the applicant.
Administration.
A. In addition to building and use permits which may be otherwise required, a zoning permit shall be required for any man-made change to improved or unimproved real estate in the Flood Hazard District. Application for a zoning permit shall be filed with the Zoning Officer. A permit will only be issued after it has been determined that the proposed use and/or structure will be in conformance with the provisions of this article, and that any new construction shall be located outside of the floodway.
B. A zoning permit shall be valid for one year from the date of issuance. In no event shall any fees paid to the Township for a zoning permit be refundable.
C. Prior to the issuance of any zoning permit, the Zoning Officer shall review the application to determine if all other applicable government permits have been obtained. No permit shall be issued until this determination has been made.
