A. The effect of the use shall not substantially alter the cross-section profile of the stream and floodplains at the location of the proposed use.

B. Lands abutting the waterway, both upstream and downstream, shall not be unreasonably affected by the proposed use.

C. The general welfare or public interest of Upper Providence Township or of other municipalities in the same watershed shall not be adversely affected.

D. Any new structures permitted by special exception or by variance shall be constructed and placed on the lot 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 floodwaters. Such structures shall be elevated in accordance with the provisions contained in § 300-111, Elevation and floodproofing requirements, within this chapter.

E. Any new structure permitted as a special exception or by variance shall be floodproofed in accordance with the provisions contained in § 300-111, Elevation and floodproofing requirements, within this chapter.
 

(1) All such structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse or lateral movement.

(2) All such structures shall be constructed so as to prevent the entrance of floodwaters into the water supply and waste treatment systems as well as other utility and facility systems. In addition, waste treatment systems shall be designed to minimize or eliminate discharges from the systems into the floodwaters.

F. Any additions to existing structures permitted as a special exception or by variance shall be elevated to the greatest extent possible according to the provisions contained in § 300-111 of this chapter. However, any portion of the structure not so elevated shall be floodproofed, also in accordance with § 300-111, Elevation and floodproofing requirements, within this chapter.

G. An affirmative decision shall not be issued by the Zoning Hearing Board for an application within the designated floodway unless the effect of such proposed activity on flood heights is fully offset by accompanying stream improvements.

H. The Zoning Hearing Board shall notify the applicant in writing, over the signature of community officials, that the issuance of a decision to allow construction of a structure below the base flood elevation will result in increased premium rates for flood insurance and that such construction below the base flood elevation increases risk to life and property. Such notification shall be maintained with a record of all decisions as required in Subsection I below.

I. The Zoning Hearing Board shall:

(1) Maintain a record of all decisions, including the jurisdiction for their issuance.
(2) Report such decisions issued in its annual report submitted to the Federal Insurance and Mitigation Administration.

J. No special exception or variance shall be granted which would allow any of the uses specifically prohibited by § 300-109, Subsections C, D, F, G, H, I and J.

K. Within any FA floodplain areas, no new construction or development shall be located within the area measured 50 feet landward from the top of bank of any watercourse.

L. In granting any variance Upper Providence Township shall attach the following technical provisions to the proposal for which the variance has been granted. These conditions and safeguards are necessary in order to protect public health, safety, and welfare of the residents of this municipality.
 

(1) Pertaining to the alteration or relocation of a watercourse: see § 300-115L(1) for details.

(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 activities resulting in changes in the base flood elevation. A LOMR or conditional letter of map revision (CLOMR) is required for: see § 300-115L(2) for details.

(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.

(4) Where permitted by variance within any identified floodplain area, any new or substantially improved nonresidential structure shall be built in accordance with § 300-111, including: see § 300-115L(4) for details.

(5) If a variance for a recreational vehicle is granted, the following shall apply:

(a) The recreational vehicle will be on the site for fewer than 180 days.
(b) The recreational vehicle shall be fully licensed and ready for highway use, or shall meet the permit requirements for manufactured homes within this article.

(6) Whenever a variance is granted, Upper Providence Township shall notify the applicant in writing that:

(a) The granting of the variance may result in increased premium rates for flood insurance.
(b) Such variances may increase the risks to life and property.