MapLink™ | Procedures | Special Exceptions or Variances in the Floodplain District

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Special Exceptions or Variances in the Floodplain District
Additional requirements for special exceptions or variances in the Floodplain District.
(1) Applicants shall provide the Zoning Hearing Board with a site plan at a scale of one inch equals 40 feet and a sectional profile at a scale of one inch equals four feet, showing present site conditions, proposed improvements, and the following information:
(a) The proposed lowest floor elevation of any proposed building based upon North American Vertical Datum of 1988;
(b) The elevation of the base flood; and
(c) Detailed information concerning any proposed floodproofing measures and corresponding elevations.
 
(2) Prior to the public hearing by the Zoning Hearing Board of an application for a variance or a special exception, the Secretary of the Zoning Hearing Board shall, over his signature, notify the applicant in writing that the issuance of a variance or special exception to construct a structure below the base flood level will result in increased premium rates for flood insurance and such construction below the base flood level increases risks to life and property. Such notification shall be maintained with a record of all variance and special exception actions as required in this section.

(3) The Secretary of the Zoning Hearing Board shall maintain a record of all variance and special exception actions, including justification for their issuance, and the Township shall report any such variances and special exceptions issued in its annual report to the Federal Insurance Administrator.

(4) All permits and plans shall be approved only after it has been determined that the proposed work to be undertaken will be in conformance with the requirements of the state and all other applicable codes and ordinances. The Zoning Officer shall require copies of all necessary permits from those governmental agencies from which approval is required by federal or state law.

(5) The prohibitions, requirements and considerations in this subsection shall be applied by the Zoning Hearing Board in reviewing and adjudicating applications for variances in the Floodplain District.

(6) Variances shall not be issued within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.

(7) Variances shall only be issued upon compliance with the requirements of § 155-11.2D and the following:
(a) A showing of good and sufficient cause.
(b) A determination that failure to grant the variance would result in exceptional hardship.
(c) A determination that grant of the variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense or create nuisances or cause fraud on or victimization of the public or conflict with any laws or statutes of the Commonwealth of Pennsylvania or the Code of the Township of Lower Merion or regulations of the Township of Lower Merion.
(d) Adherence to the anchoring and floodproofing requirements of § 155-7.3: Floodplain Overlay District.
 
(8) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.