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Township of Maidencreek, PA
Berks 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 Township of Maidencreek Board of Supervisors may, upon request, grant relief from the strict application of the requirements.
A. 
Requests for variances shall be considered by the Township of Maidencreek Board of Supervisors in accordance with the procedures contained in § 117-10 and the following:
(1) 
No variance shall be granted for any construction, development, use, or activity within any Floodway Area/District that would cause any increase in the BFE.
(2) 
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.
(3) 
No variance shall be granted for any of the prohibited activities in § 117-24 (Development Which May Endanger Human Life) or Article V (Prohibited Activities).
(4) 
No variance shall be granted for the use of a recreational vehicle in any identified floodplain area.
(5) 
If granted, a variance shall involve only the least modification necessary to provide relief.
(6) 
In granting any variance, the Township of Maidencreek Board of Supervisors shall attach whatever reasonable conditions and safeguards it considers necessary in order to protect the public health, safety, and welfare, and to achieve the objectives of this chapter.
(7) 
Whenever a variance is granted, the Township of Maidencreek Board of Supervisors 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.
(8) 
In reviewing any request for a variance, the Township of Maidencreek Board of Supervisors shall consider, at a minimum, the following:
(a) 
That there is good and sufficient cause.
(b) 
That failure to grant the variance would result in exceptional hardship to the applicant.
(c) 
That the granting of the variance will:
[1] 
Neither result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, or extraordinary public expense; nor
[2] 
Create nuisances, cause fraud on, or victimize the public, or conflict with any other applicable state or local ordinances and regulations.
(9) 
A complete record of all variance requests and related actions shall be maintained by the Township of Maidencreek. In addition, a report of all variances granted during the year shall be included in the annual report to the FEMA.
B. 
Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the one-percent-annual-chance flood.