Special Exceptions and Variances; Additional Factors to Be Considered.
1. During consideration of applications for special exceptions, variances or conditional uses, the Zoning Hearing Board (in the case of a special exception or variance) and the Board of Supervisors (in the case of a conditional use) shall review the materials submitted, together with all relative factors and procedures as specified in all other sections of the Zoning Ordinance, Floodplain Ordinance [Chapter
8] and Subdivision and Land Development Ordinance [Chapter
22], as well as the following:
A. The danger to life and property due to increased flood heights or velocities caused by encroachments. No special exception or conditional use shall be granted for any proposed use, development or activity that will cause any increase in flood levels in the Floodplain Conservation District.
B. The danger that materials may be swept into other lands or downstream to the injury of others.
C. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions.
D. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.
E. The importance of the services provided by the proposed facility to the community.
F. The requirements of the facility for a waterfront location.
G. The availability of alternative locations not subject to flooding for the proposed use.
H. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.
I. The relationship of the proposed use to the Comprehensive Plan and floodplain management program for the area.
J. The safety of access to the property by ordinary and emergency vehicles in times of flood.
K. The expected heights, velocity, duration, rate of rise and sediment transport of the floodwater at the site.
L. The Zoning Hearing Board (in the case of a special exception or variance), or the Board of Supervisors (in the case of a conditional use) may request additional studies be performed by, or under the direction of, the Township Engineer or other expert designated by the Board of Supervisors for further technical assistance in evaluating the proposed project in relation to flood heights and velocities, and the adequacy of the plans for protection and other related matters. All costs, charges and expenses shall be paid by the applicant.
M. Special exception, variances and/or conditional uses shall only be issued after the Zoning Hearing Board (in the case of a special exception or variance) or the Board of Supervisors (in the case of a conditional use) has determined that the granting of such will not result in:
(1) Any increase in the base flood elevation.
(2) Additional threats to public safety.
(3) Extraordinary public expense.
(4) Creation of nuisances.
(5) Fraud or victimization of the public.
(6) Conflict with local laws or ordinances.
(7) Modification greater than that necessary to obtain relief.
2. Whenever a variance, special exception or conditional use is granted, the Township shall notify the applicant in writing that the Township disclaims any and all liability and that the applicant bears whatever risks exist since:
A. The granting of the variance, special exception or conditional use may result in increased premium rates for flood insurance.
B. Such variance, special exception or conditional use may increase the risks to life and property.
