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Township of Horsham, PA
Montgomery County
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If compliance with any of the requirements of this chapter would result in an exceptional hardship to a prospective builder, developer or landowner, the Horsham Township Zoning Hearing Board may, upon request, grant relief from the strict application of the requirements.
A. 
For a use other than those permitted in Article III, § 115-11, an application seeking approval by variance shall be forwarded to the Zoning Hearing Board, along with required studies or information and the findings of the Zoning Officer acting as the Floodplain Administrator.
B. 
No variance shall be granted for any construction, development, use, or activity within any floodway area that would cause any increase in the BFE.
C. 
No variance shall be granted for any construction, development, use, or activity within any AE Area/District without floodway that would, together with all other existing and anticipated development, increase the BFE more than one foot at any point.
D. 
No variance shall be granted for any of the other requirements pertaining specifically to development regulated by § 115-23 (pertaining to special technical requirements for activities requiring a special permit) or to development which may endanger human life (§ 115-18A).
A. 
If granted, a variance shall involve only the least modification necessary to provide relief.
B. 
In granting any variance, the Zoning Hearing Board shall attach such reasonable conditions and safeguards as are necessary in order to protect the public health, safety, and welfare of the residents of the municipality.
C. 
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.
D. 
In reviewing any request for a variance, the Zoning Hearing Board shall consider, at a minimum, the following:
(1) 
That there is good and sufficient cause, including:
(a) 
That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property and that the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of the Zoning Ordinance in the neighborhood or district in which the property is located;
(b) 
That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the Zoning Ordinance and that the authorization of a variance is therefore necessary to enable the reasonable use of the property;
(c) 
That such unnecessary hardship is not financial in nature and has not been created by the appellant; and
(d) 
That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare.
(2) 
That failure to grant the variance would result in exceptional hardship to the applicant.
(3) 
That the granting of the variance will neither:
(a) 
Result in an unacceptable or prohibited increase in flood heights, additional 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 ordinances and regulations.
E. 
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 biennial report to FEMA.
F. 
Whenever a variance is granted, the Zoning Hearing Board shall attach the following conditions to the order granting the variance. These conditions and safeguards are necessary in order to protect the public health, safety, and welfare of the residents of the municipality.
(1) 
Pertaining to the alteration or relocation of watercourses:
(a) 
No encroachment, alteration, or improvement of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action have been notified by the municipality, and until all required permits or approvals have been first obtained from the Department of Environmental Protection regional office.
(b) 
No encroachment, alteration, or improvement of any kind shall be made to any watercourse unless it can be shown that the activity will not reduce or impede the flood carrying capacity of the watercourse in any way.
(c) 
In addition, the FEMA and Pennsylvania Department of Community and Economic Development shall be notified prior to any alteration or relocation of any watercourse.
(2) 
The municipality shall require technical or scientific data to be submitted to FEMA for a letter of map revision (LOMR) within six months of the completion of any new construction, development, or other activity resulting in changes in the BFE. A LOMR or conditional letter of map revision (CLOMR) is required for:
(a) 
Any development that causes a rise in the base flood elevations within the floodway; or
(b) 
Any development occurring in Zone A1-30 and Zone AE without a designated floodway, which will cause a rise of more than one foot in the base flood elevation; or
(c) 
Alteration or relocation of a stream (including but not limited to installing culverts and bridges).
(3) 
Any new construction, development, uses or activities allowed by variance within any Floodplain Conservation District shall be undertaken in strict compliance with the provisions contained in this chapter and any other applicable codes, ordinances and regulations. In addition, when such development is proposed within the area measured 50 feet landward from the top-of-bank of any watercourse, a permit shall be obtained from the Department of Environmental Protection regional office.
G. 
Elevation and floodproofing requirements for structures permitted by variance.
(1) 
Residential structures.
(a) 
In AE, A1-30, and AH Zones, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation. The design and construction standards and specifications contained in the 2009 International Building Code (IBC) and in the 2009 International Residential Code (IRC), or the most recent revisions thereof, and ASCE 24 and 34 Pa. Code (Chapters 401 through 405, as amended) shall be used.
(b) 
In A Zones, where there are no base flood elevations specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation determined in accordance with § 115-7D of this chapter.
(c) 
In AO Zones, any new construction or substantial improvement shall have the lowest floor (including basement) at or above the highest adjacent grade at least as high as the depth number specified on the FIRM.
(d) 
The design and construction standards and specifications contained in the 2009 International Building Code (IBC) and in the 2009 International Residential Code (IRC), or the most recent revisions thereof, and ASCE 24 and 34 Pa. Code (Chapters 401 through 405, as amended) shall be utilized.
(2) 
Nonresidential structures.
(a) 
In AE, A1-30 and AH Zones, any new construction or substantial improvement of a nonresidential structure shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation, or be designed and constructed so that the space enclosed below the regulatory flood elevation:
[1] 
Is floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water; and
[2] 
Has structural components with the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
(b) 
In A Zones, where there are no base flood elevations specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated or completely floodproofed up to, or above, the regulatory flood elevation determined in accordance with § 115-7D of this chapter.
(c) 
In AO Zones, any new construction or substantial improvement shall have the lowest floor elevated or completely floodproofed above the highest adjacent grade to at least as high as the depth number specified on the FIRM.
(d) 
Any nonresidential structure, or part thereof, made watertight below the regulatory flood elevation shall be floodproofed in accordance with the WI or W2 space classification standards contained in the publication entitled "Flood Proofing Regulations," published by the U.S. Army Corps of Engineers (June 1972, as amended March 1992), or with some other equivalent standard. All plans and specifications for such floodproofing shall be accompanied by a statement certified by a registered professional engineer or architect which states that the proposed design and methods of construction are in conformance with the above-referenced standards.
(e) 
The design and construction standards and specifications contained in the 2009 International Building Code (IBC) and in the 2009 International Residential Code (IRC), or the most recent revisions thereof, and ASCE 24 and 34 Pa. Code (Chapters 401 through 405, as amended) shall be used.
(3) 
Space below the lowest floor.
(a) 
Fully enclosed space below the lowest floor (excluding basements) which will be used solely for the parking of a vehicle, building access, or incidental storage in an area other than a basement shall be designed and constructed to allow for the automatic entry and exit of floodwaters for the purpose of equalizing hydrostatic forces on exterior walls. The term "fully enclosed space" also includes crawl spaces.
(b) 
Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria:
[1] 
Minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space.
[2] 
The bottom of all openings shall be no higher than one foot above grade.
[3] 
Openings may be equipped with screens, louvers, etc., or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
(4) 
Accessory structures. Structures accessory to a principal building need not be elevated or floodproofed to remain dry, but shall comply, at a minimum, with the following requirements:
(a) 
The structure shall not be designed or used for human habitation, but shall be limited to the parking of vehicles, or to the storage of tools, material, and equipment related to the principal use or activity.
(b) 
Floor area shall not exceed 100 square feet.
(c) 
The structure will have a low damage potential.
(d) 
The structure will be located on the site so as to cause the least obstruction to the flow of floodwaters.
(e) 
Power lines, wiring, and outlets will be elevated to the regulatory flood elevation.
(f) 
Permanently affixed utility equipment and appliances, such as furnaces, heaters, washers, dryers, etc., are prohibited.
(g) 
Sanitary facilities are prohibited.
(h) 
The structure shall be adequately anchored to prevent flotation or movement and shall be designed to automatically provide for the entry and exit of floodwaters for the purpose of equalizing hydrostatic forces on the walls. Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria:
[1] 
A minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space.
[2] 
The bottom of all openings shall be no higher than one foot above grade.
[3] 
Openings may be equipped with screens, louvers, etc., or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
A. 
Development which may endanger human life.
(1) 
In accordance with the Pennsylvania Flood Plain Management Act,[1] and the regulations adopted by the Development of Community and Economic Development as required by the Act, any new or substantially improved structure which will be used for the production or storage of any of the following dangerous materials or substances, or will be used for any activity requiring the maintenance of a supply of more than 550 gallons, or other comparable volume, of any of the following dangerous materials or substances on the premises, or will involve the production, storage, or use of any amount of radioactive substances shall be subject to the provisions of this section, in addition to all other applicable provisions. The following list of materials and substances are considered dangerous to human life:
(a) 
Acetone.
(b) 
Ammonia.
(c) 
Benzene.
(d) 
Calcium carbide.
(e) 
Carbon disulfide.
(f) 
Celluloid.
(g) 
Chlorine.
(h) 
Hydrochloric acid.
(i) 
Hydrocyanic acid.
(j) 
Magnesium.
(k) 
Nitric acid and oxides of nitrogen.
(l) 
Petroleum products (gasoline, fuel oil, etc.).
(m) 
Phosphorus.
(n) 
Potassium.
(o) 
Sodium.
(p) 
Sulphur and sulphur products.
(q) 
Pesticides (including insecticides, fungicides, and rodenticides).
(r) 
Radioactive substances, insofar as such substances are not otherwise regulated.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
(2) 
Where permitted by a variance within the floodplain area, any new or substantially improved structure of the kind described in Subsection A(1) above shall be:
(a) 
Prohibited within the floodway;
(b) 
Elevated or designed and constructed to remain completely dry up to at least 1 1/2 feet above the base flood elevation;
(c) 
Within any identified floodplain area, any new or substantially improved structure of the kind described in Subsection A(1) above shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse;
(d) 
Designed to prevent pollution from the structure or activity during the course of a base flood elevation; and
(e) 
Any such structure, or part thereof, that will be built below the regulatory flood elevation shall be designed and constructed in accordance with the standards for completely dry floodproofing contained in the publication "Flood Proofing Regulations (U.S. Army Corps of Engineers, June 1972, as amended March 1992), or with some other equivalent watertight standard.
B. 
Special requirements for subdivisions. All subdivision proposals and development proposals containing at least 50 lots or at least five acres, whichever is the lesser, in flood hazard areas where base flood elevation data are not available shall be supported by hydrologic and hydraulic engineering analyses that determine base flood elevations and floodway information. The analyses shall be prepared by a licensed professional engineer in a format required by FEMA for a conditional letter of map revision or letter of map revision.
C. 
Special requirements for recreational vehicles.
(1) 
Recreational vehicles in Zones A1-30, AH and AE must either be on the site for fewer than 180 consecutive days;
(2) 
Be fully licensed and ready for highway use; and
(3) 
Meet the permit requirements for manufactured homes in § 115-23D.
D. 
Special requirements for manufactured homes.
(1) 
Within the Floodplain Conservation District, manufactured homes shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.
(2) 
Where permitted by variance within the Floodplain Conservation District, all manufactured homes, and any improvements thereto, shall be:
(a) 
Placed on a permanent foundation;
(b) 
Elevated so that the lowest floor of the manufactured home is at least 1 1/2 feet above the base flood elevation; and
(c) 
Anchored to resist flotation, collapse, or lateral movement.
The following minimum standards shall apply for all construction and development proposed within any Floodplain Conservation District:
A. 
Fill.
(1) 
If fill is used, it shall:
(a) 
Extend laterally at least 15 feet beyond the building line from all points;
(b) 
Consist of soil or small rock materials only; sanitary landfills shall not be permitted;
(c) 
Be compacted to provide the necessary permeability and resistance to erosion, scouring, or settling;
(d) 
Be no steeper than one vertical to two horizontal feet unless substantiated data, justifying steeper slopes, are submitted to and approved by the Floodplain Administrator; and
(e) 
Be used to the extent to which it does not adversely affect adjacent properties.
B. 
Drainage facilities. Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. The system shall insure proper drainage along streets, and provide positive drainage away from buildings. The system shall also be designed to prevent the discharge of excess runoff onto adjacent properties.
C. 
Water and sanitary sewer facilities and systems.
(1) 
All new or replacement water supply and sanitary sewer facilities and systems shall be located, designed and constructed to minimize or eliminate flood damages and the infiltration of floodwaters.
(2) 
Sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage into floodwaters.
(3) 
No part of any on-site sewage system shall be located within any Floodplain Conservation District except in strict compliance with all state and local regulations for such systems. If any such system is permitted, it shall be located so as to avoid impairment to it, or contamination from it, during a flood.
(4) 
The design and construction provisions of the UCC and FEMA No. 348, Protecting Building Utilities From Flood Damages, and the International Private Sewage Disposal Code shall be utilized.
D. 
Other utilities.
(1) 
All other utilities such as gas lines, electrical and telephone systems shall be located, elevated (where possible) and constructed to minimize the chance of impairment during a flood.
(2) 
All duct work shall be elevated above the base flood elevation, plus appropriate free board, or be waterproofed to avoid floods.
E. 
Streets. The finished elevation of all new streets shall be no more than one foot below the regulatory flood elevation.
F. 
Storage. All materials that are buoyant, flammable, explosive, or in times of flooding could be injurious to human, animal, or plant life, and not listed in § 115-18A, Development which may endanger human life, shall be stored at or above the regulatory flood elevation and/or floodproofed to the maximum extent possible.
G. 
Placement of buildings and structures. All buildings and structures shall be designed, located, and constructed so as to offer the minimum obstruction to the flow of water and shall be designed to have a minimum effect upon the flow and height of floodwater.
H. 
Anchoring.
(1) 
All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse, or lateral movement.
(2) 
All air ducts, large pipes, storage tanks, and other similar objects or components located below the regulatory flood elevation shall be securely anchored or affixed to prevent flotation.
I. 
Floors, walls and ceilings.
(1) 
Wood flooring used at or below the regulatory flood elevation shall be installed to accommodate a lateral expansion of the flooring, perpendicular to the flooring grain, without causing structural damage to the building.
(2) 
Plywood used at or below the regulatory flood elevation shall be of a marine or water-resistant variety.
(3) 
Walls and ceilings at or below the regulatory flood elevation shall be designed and constructed of materials that are water-resistant and will withstand inundation.
(4) 
Windows, doors, and other components at or below the regulatory flood elevation shall be made of metal or other water-resistant material.
J. 
Paints and adhesives.
(1) 
Paints and other finishes used at or below the regulatory flood elevation shall be of marine or water-resistant quality.
(2) 
Adhesives used at or below the regulatory flood elevation shall be of a marine or water-resistant variety.
(3) 
All wooden components (doors, trim, cabinets, etc.) shall be finished with a marine or water-resistant paint or other finishing material.
K. 
Electrical components.
(1) 
Electrical distribution panels shall be at least three feet above the base flood elevation.
(2) 
Separate electrical circuits shall serve lower levels and shall be dropped from above.
L. 
Equipment. Water heaters, furnaces, air-conditioning and ventilating units, and other electrical, mechanical or utility equipment or apparatus shall not be located below the regulatory flood elevation.
M. 
Fuel supply systems. All gas and oil supply systems shall be designed to prevent the infiltration of floodwaters into the system and discharges from the system into floodwaters. Additional provisions shall be made for the drainage of these systems in the event that floodwater infiltration occurs.
N. 
Uniform Construction Code coordination. The standards and specifications contained in 34 Pa. Code (Chapters 401 through 405), as amended, and not limited to the following provisions shall apply to the above and other sections and subsections of this chapter, to the extent that they are more restrictive and/or supplement the requirements of this chapter.
(1) 
International Building Code (IBC) 2009 or the latest edition thereof: Sections 801, 1202, 1403, 1603, 1605, 1612, 3402, and Appendix G.
(2) 
International Residential Building Code (IRC) 2009 or the latest edition thereof: Sections R104, R105, R109, R323, Appendix AE101, Appendix E and Appendix J.