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City of Lancaster, PA
Lancaster County
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Table of Contents
Table of Contents
Code
New Laws (13) Index Notes (10)
A. 
If compliance with the elevation or floodproofing requirements stated above would result in an exceptional hardship for a prospective builder, developer or landowner, the City Building Code Board of Appeals (hereafter known as the "Board") may, upon request, grant relief from the strict application of the requirements. Requests for relief to the strict application of the provisions of this Part 2 and its subsections may be granted by the Board having jurisdiction as noted above and in accordance with the following procedures and criteria:
(1) 
No variances shall be granted for any construction, development, use or activity within any AE-designated floodplain area that would, together with all other existing and anticipated development, allow any rise in the BFE.
(2) 
Except for a possible modification of the regulatory flood elevation requirement involved, no variance shall be granted for any of the other requirements pertaining specifically to development regulated by floodplain permit (or prohibited activities) or to development which may endanger human life.
(3) 
If granted, a variance shall involve only the least modification necessary to provide relief, and in no case shall a variance permit less than 1 1/2 feet of freeboard elevation for any proposed manufactured home, nursing home, hospital, jail, prison or structure used for the storage or production of materials or substances considered dangerous to human life, plant life, animal life or infrastructure.
(4) 
In granting any relief, the Board may 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 Code.
(5) 
Whenever relief is granted, the Board shall notify the applicant in writing that:
(a) 
The granting of the variance request may result in increased premium rates for flood insurance; and
(b) 
Such variances may increase the risks to life and property.
B. 
In reviewing any request for relief, the Board of Appeals shall consider, but not be limited to, the following:
(1) 
Whether there is good and sufficient cause to grant the variance;
(2) 
Whether failure to grant the variance would result in exceptional hardship to the applicant; and
(3) 
Whether granting the variance will result in any unacceptable or prohibited flood heights, additional threats to public safety, extraordinary public expense; create nuisances; cause fraud on or victimization of the public; or conflict with any other applicable local ordinances and regulations and with any applicable commonwealth statutes and regulations.
C. 
A complete record of all variance requests and related actions shall be maintained by the floodplain administrator. In addition, a report of all variances granted during the year shall be included in the annual report to the Federal Emergency Management Agency.
D. 
Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the hydrostatic and hydrodynamic loads and pressures and effects of buoyancy of the one-hundred-year flood.
A. 
Permits are required to be issued for any earth disturbance or construction/development activities within a floodplain area. This includes but is not limited to improvements to existing structures.
B. 
Prior to the issuance of any permit, the City floodplain administrator shall review the application for permit to determine if all other necessary governmental permits, such as those required by state and federal laws, have been obtained, including those required by Act 537, the Pennsylvania Sewage Facilities Act; the Pennsylvania Dam Safety and Encroachments Act; the State Highway Law, and the Federal Water Pollution Control Act, Section 404.[1] No permit shall be issued until this determination has been made.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq., 32 P.S. § 693.1 et seq., 36 P.S. § 670-101 et seq., and 33 U.S.C. § 1344, as amended, respectively.
C. 
Work on the proposed construction or development shall begin within 180 days after the date of permit issuance or the permit shall expire unless a time extension is granted, in writing, by the floodplain administrator. Time extensions shall be granted only if a written request is submitted by the applicant, which sets forth sufficient and reasonable cause for the floodplain administrator to approve such a request. The "actual start of construction" means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the "actual start of construction" means the first, alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.