A.Â
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)Â
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)Â
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)Â
If granted, a variance shall involve only the least modification
necessary to provide relief, and in no case shall a variance permit
less than 1Â 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)Â
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.
B.Â
In reviewing any request for relief, the Board of Appeals shall consider,
but not be limited to, the following:
(1)Â
Whether there is good and sufficient cause to grant the variance;
(2)Â
Whether failure to grant the variance would result in exceptional
hardship to the applicant; and
(3)Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.