MapLink™ | Procedures | Variances - Floodplain

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Variances - Floodplain
If compliance with any of the requirements of this Subsection C would result in an exceptional hardship to a prospective builder, developer, or landowner, the Zoning Hearing Board may, upon request, grant relief from the strict application of the requirements. Requests for variances shall be considered by the Zoning Hearing Board in accordance with the procedures contained in § 215-110 and the following:
(a) Alternatives analysis. No variance shall be granted until the applicant has performed an alternatives analysis to find practicable alternatives to development in the floodplain area.
(b) A Areas. No variance shall be granted for any construction, development, use, substantial improvement or activity within 50 feet landward from the top-of-bank of any watercourse within any A Area unless necessary permits are obtained from the Department of Environmental Protection regional office.
(c) Design and construction standards. Any development permitted by variance shall comply with the requirements of § 215-38C(13) and all other applicable requirements of the National Flood Insurance Program.
(d) Developments of special concern. No variance shall be granted for any development of special concern identified in § 215-38C(6)(d)
(e) Newly created lots or parcels. No variance shall be granted for any development in any identified floodplain area contained within any lot or parcel created after the effective date of this Subsection C.
(f) Written notice. Whenever a variance is granted, the Zoning Hearing Board shall notify the applicant, in writing, that:
[1] The granting of the variance may result in increased premium rates for flood insurance.
[2] Such variances may increase the risks to life and property.
(g) Review factors. In reviewing any request for a variance, the Zoning Hearing Board shall consider that the granting of the variance will not:
[1] Result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, or extraordinary public expense.
[2] Create nuisances, cause fraud on, or victimize the public, or conflict with any other applicable state or local ordinances and regulations.
(h) Record. A complete record of all variance requests and related actions shall be maintained by the Zoning Hearing Board. In addition, a report of all variances granted during the year under this § 215-38C(12) shall be included in the annual report to FEMA.
Application fee: There is no fee