If compliance with any of the requirements of this chapter would result in exceptional hardship to a prospective builder, developer or landowner, the Township Board of Supervisors may (but is in no way obligated to), upon request, grant relief from the strict application of the requirements herein, under the following limitations and conditions. Such relief shall be granted by resolution of the Board of Supervisors.
[Amended 7-13-1992 by Ord. No. 1-1992]
A. 
Requests for variances shall be considered by the Township in accordance with the procedures contained in § 96-16 concerning filing, time limits and procedures and for these purposes shall be treated in the same manner as an appeal from a decision of the building permit officer.
(1) 
Except for a possible modification of the freeboard requirements involved, no variance whatsoever shall be granted for any of the other requirements, pertaining specifically to development regulated by special permit (Article V) or to development which may endanger human life (§ 96-23).
(2) 
If granted, a variance shall involve only the least possible modification to the requirements of this chapter necessary to provide relief.
(3) 
In granting any variance, the Township shall attach whatever conditions and safeguards it considers necessary in order to protect the public health, safety and welfare and to achieve the objectives of this chapter. To that end, the Township Supervisors, the building permit officer and any other agents or employees as the Supervisors shall direct or appoint shall have the right to enter onto any lands and enter any building, structure, premises or development, upon presentation of the proper credentials, at any reasonable hour, to inspect and to enforce the provisions of the conditions and safeguards attached to the variance. Any noncompliance with the terms of the conditions and safeguards shall be treated in the same manner as noncompliance with the terms of a floodplain permit, §§ 96-13C, 96-15 and 96-16.
(4) 
Whenever a variance is granted, the 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 should a flood occur.
(5) 
In reviewing any request for a variance, the Township shall consider, at a minimum, the following:
(a) 
That there is good and sufficient cause.
(b) 
That the failure to grant a variance would result in exceptional hardship to the applicant.
(c) 
That the granting of the variance will neither:
[1] 
Result in an unacceptable or prohibited increase in flood heights, additional threats to public safety or extraordinary public expense.
[2] 
Create nuisances, cause fraud on, or victimize the public, or conflict with any other applicable state or local ordinances, codes or regulations.
(6) 
In all matters pertaining to the issuance of a variance, the burden of proof shall be on the applicant.
(7) 
Mere economic expediency or rejection of a particular use desired by the applicant shall not, in and of themselves, constitute exceptional hardship or be sufficient reason for granting a variance hereunder.
(8) 
The fact that an applicant has purchased a parcel of land with the expectation of obtaining a variance and has not obtained a variance, making the land unsuitable for his intended use, shall not, in and of itself, constitute exceptional hardship or be sufficient reason for granting a variance hereunder.
(9) 
A complete record of all variance requests and related actions shall be maintained by the Township. In addition, a report of all variances granted during the year shall be included in the annual report to the Federal Insurance Administration.
(10) 
Any variance granted under this chapter shall not create liability on the part of the Township, or any officer or employee thereof, for any flood damages that result from reliance on this chapter, any variance granted therefor, terms and conditions attached to any variance or any administrative decision lawfully made thereunder. Nor shall the Township, or any officer or employee thereof, be liable for any flood damage caused by any development, building or structure constructed, placed, erected, modified or rebuilt under a variance (or the conditions and safeguards attached thereto) granted under this chapter.
(11) 
No variance shall be granted for any construction, development, use or activity within any floodway area that would cause any increase in the one-hundred-year flood elevation.
B. 
Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting a one-hundred-year flood.