Standards for conditional uses or variances.
The Board of Commissioners, in considering a use as a conditional use and the Zoning Hearing Board, in considering a variance, shall bear in mind the objectives of §
300-60A and shall consider the following:
(1) No conditional use or variance shall be granted for construction, development, use or activity within any floodway area that would cause any increase in the one-hundred-year-flood elevation.
(2) No conditional use or variance shall be granted for any construction, development, use or activity within any FE Area that would, together with all other existing and anticipated development, increase the one-hundred-year-flood elevation more than one foot at any point.
(3) If granted, any variance shall involve only the least modification necessary to provide relief.
(4) Lands abutting the waterway, both upstream and downstream, shall not be adversely affected by the proposed use.
(5) The general welfare or public interest of Marple Township or of other municipalities in the same watershed shall not be adversely affected.
(6) Any new structures or substantial improvements to existing structures permitted by conditional use or by variance shall be constructed and placed on the lot so as to offer the minimum obstruction to the flow of water, be designed to have a minimum effect upon the flow and height of floodwater and comply with the requirements of §
300-60M through
P.
(7) Any new structure or substantial improvement permitted as a conditional use or by variance shall be subject to the requirements of §
300-60Q.
(8) Any additions to existing structures permitted as a conditional use or by variance shall have all utilities and facilities floodproofed in accordance with the provisions contained herein and in the Marple Township Building Code.
(9) In granting a conditional use or 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 chapter.
Additional standards for variances.
A property owner of a lot of record, as of the date of the enactment of this section, who is able to prove that the strict enforcement of this section would create undue hardship by denying a reasonable use of an existing lot that is situated either wholly or partially in the floodplain, may seek relief by applying for a variance from the Zoning Hearing Board. The Zoning Hearing Board, after deciding upon the merits of the application, may permit the applicant to make some reasonable use of the property in question, while ensuring that such use will not violate the basic objectives of §
300-60A and will be consistent with the standards of §
300-60J. An affirmative decision shall be issued by the Zoning Hearing Board only upon a determination that it is the minimum necessary, considering the flood hazard, to provide relief and that:
(1) Good and sufficient cause has been shown;
(2) Failure to grant the variance would result in exceptional hardship to the applicant; and
(3) Granting of the variance will neither:
(a) Result in an unacceptable or prohibited increase in flood height, additional threats to public safety or extraordinary public expense; nor
(b) Create nuisances, cause fraud on or victimize the public or conflict with any other applicable state or local ordinances and regulations.
Application procedures for conditional uses or variances.
(1) Whenever a variance is granted, the Township shall notify the applicant in writing that:
(a) The granting of the variance may result in increased premium rates for flood insurance.
(b) Such variances may increase the risks to life and property.
(2) 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 Federal Insurance Administration.
(3) Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capacity of resisting the one-hundred-year flood and no conditional use shall be granted by the Board of Commissioners and no variance shall be granted by the Zoning Hearing Board for any requirement pertaining to development that may endanger human life.
Procedures for consideration of conditional uses or variances.
(1) An application for a zoning permit shall be filed with the Code Enforcement Officer who shall make an initial determination on the application. For a use other than those permitted in §
300-60G, an application seeking approval of a conditional use or variance shall be forwarded to the Board of Commissioners or Zoning Hearing Board, as appropriate, along with required studies or information and the findings of the Code Enforcement Officer.
(2) The application for conditional use or use by variance shall be accompanied by the following:
(a) Detailed engineering studies indicating the effects on drainage and streams on all adjacent properties as well as the property in question.
(b) An application for amending the boundaries of the floodplain if the boundaries will be affected by the proposed conditional use or use by variance.
(3) Prior to the issuance of any permit, the Code Enforcement Officer and Township Engineer shall review the application for permit to determine if all other necessary government permits required by state and federal laws have been obtained.
Technical provisions.
(1) 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 municipality and until all required permits or approvals have been first obtained from the Department of Environmental Protection, Bureau of Dams, Waterways and Wetlands. In addition, the Federal Emergency Management Agency and Pennsylvania Department of Community and Economic Development, Bureau of Community Planning, shall be notified prior to any alteration or relocation of any watercourse.
(2) 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 chapter and any other applicable codes, ordinances and regulations.
(3) Special requirements for FW, FE and FA Areas:
(a) Within any FW (Floodway Area), the following provisions apply:
[1] Any new construction, development, use, activity or encroachment that would cause any increase in flood heights will be prohibited.
[2] No new construction or development shall be allowed, unless a permit is obtained from the Department of Environmental Protection, Bureau of Dams, Waterways and Wetlands.
(b) Within any FE (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 one-hundred-year flood more than one foot at any point.
(c) Within any FE (Special Floodplain Area) or FA (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.
[2] Any new construction or development that would cause any increase in flood heights shall be prohibited within any floodway area.
