A. In passing upon applications for special exceptions and variances or appeals of decisions of the Zoning Officer within the Floodplain Conservation District, the Zoning Hearing Board shall consider all relevant factors and procedures specified in other sections of the Zoning Ordinance in addition to the following:
(1) The danger to life and property due to increased flood heights or velocities caused by encroachments subject to the following:
(a) In the floodplain fringe, no special exception or variance shall be granted for any proposed use, development or activity that will cause any increase in the flood elevation of the one-hundred-year-frequency recurrent interval flood by more than one foot at any point.
(b) In the floodway, no special exception or variance shall be granted for any proposed use, development or activity that will cause any increase in flood levels during the one-hundred-year flood.
(2) The danger that materials may be swept onto other lands or downstream to the injury of others.
(3) The proposed water supply and sanitation systems and the ability of these systems to perform properly and to prevent disease, contamination and unsanitary conditions.
(4) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.
(5) The importance of the services provided by the proposed facility to the community.
(6) The requirements of the facility for a waterfront location.
(7) The availability of alternative locations not subject to flooding for the proposed use.
(8) The relationship of the proposed use to the Whitemarsh Township Comprehensive Plan and any floodplain management programs for the area.
(9) The safety, availability and means of access to the property for emergency services and vehicles in time of flooding.
(10) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site.
(11) Such other factors which may be relevant.
B. The Zoning Hearing Board may refer any application and accompanying documentation pertaining to any requests for special exceptions, variances or appeals of decisions of the Zoning Officer, to any engineer or other qualified person or agency for 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.
C. Special exceptions or variances shall only be issued after the Zoning Hearing Board has determined that the granting of such will not result in:
(1) Increases in flood heights.
(2) Additional threats to public safety.
(3) Additional public expense.
(4) The creation of nuisances.
(5) Fraud on or victimization of the public.
(6) Conflict with local laws or ordinances.
D. The Zoning Officer shall notify the applicant in writing that:
(1) The issuance of a variance or special exception to construct a structure below the base flood level will result in increased premium rates for flood insurance; and
(2) Such construction below the base flood level increases risks to life and property.
E. The Zoning Officer shall report all such variances and special exceptions in an annual report to the Federal Insurance Administrator.
F. The granting of a variance for the construction, modification, alteration, repair, reconstruction or improvements of any kind to the following obstructions and activities shall be conditioned upon the subsequent issuance of a special permit in accordance with the Pennsylvania Floodplain Management Act (Act 166 of 1978) and regulations adopted by the Department of Community Affairs, as amended:
(1) Hospitals, public or private.
(2) Nursing or convalescent homes, public or private.
(3) Jails.
(4) Mobile home parks or mobile home subdivisions.
