Township of Millcreek, PA Article XIV Variance

§ 70-91 Authority to grant variances.

If compliance with any of the requirements of this Part 7 would result in an exceptional hardship to a prospective builder, developer or landowner, the Township may, upon request and with good cause shown, grant relief from the strict application of the requirements.

§ 70-92 Variance procedures and conditions.

Requests for grant of variance relief shall be considered in accordance with the procedures set forth in Article XV and the following:

A. No variance shall be granted and no application for variance as to same shall be accepted:

(1) For any construction, development, use or activity within any floodway area that would cause any increase in the base flood elevation (BFE);

(2) For any construction, development, use or activity within any AE Area Without Floodway that would, together with all other existing and anticipated development, increase the BFE one foot or more at any point; or

[Amended 5-23-2017 by Ord. No. 2017-10]

(3) From the general requirement that all structures must be designed and constructed so as to have the capability of resisting the one-percent-annual-chance flood event.

[Amended 5-23-2017 by Ord. No. 2017-10]

B. Except for a possible modification of the regulatory flood elevation requirement involved, no variance shall be granted from any requirements pertaining to development regulated by special permit (Article XII) or to development which may endanger life (§ 70-80).

C. If granted, a variance shall involve only the least modification necessary to provide relief that is warranted in the circumstances.

D. A variance shall be granted only where findings are made that:

(1) There is good and sufficient cause.

(2) Failure to grant the variance would result in exceptional hardship to the applicant.

(3) The granting of the variance will:

(a) Neither result in an unacceptable or prohibited increase in flood heights, 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 law, ordinance or regulation.

E. If a variance is granted, such reasonable conditions and safeguards as are considered to be necessary to protect the public health, safety and welfare and to achieve the objectives of this Part 7 may be attached to the grant of relief.

F. Forms used by the Township for variance requests shall state that the grant of the variance may result in increased premium rates for flood insurance and that such variance may increase the risks to life and property.

G. Whenever a variance is granted, the Township of Millcreek 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.