A. 
If strict compliance with any of the requirements of this chapter would result in an exceptional hardship to a builder, developer or landowner, application may be made to the Zoning Hearing Board for variance relief from the strict application of the requirements.
B. 
Applications for such relief shall be filed at the Township municipal building on the form provided by the Township and accompanied by the appropriate fee for the filing of appeals to the Zoning Hearing Board as may be set forth from time to time by the Township Board of Commissioners.
A. 
Requests for variances shall be considered by the South Whitehall Township Zoning Hearing Board in accordance with the procedures contained in § 181-17 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) 
Except for a possible modification of the regulatory flood elevation requirement involved, no variance shall be granted for any of the other requirements pertaining specifically to development regulated by special permit (Article VI) or to development which may endanger human life (§ 181-26).
(3) 
If granted, a variance shall involve only the least modification necessary to provide relief.
(4) 
In granting any variance, the South Whitehall Township Zoning Hearing Board 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.
(5) 
Whenever a variance is granted, the South Whitehall Township Zoning Hearing Board 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.
(6) 
In reviewing any request for a variance, the South Whitehall Township Zoning Hearing Board shall consider, at a minimum and in addition to the variance standards set forth in the Municipalities Planning Code,[1] 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 neither:
[1] 
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.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(7) 
A complete record of all variance requests and related actions shall be maintained by the Township of South Whitehall. 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.