A. 
The Township Board of Supervisors may hear requests for waivers where it is alleged that the provisions of this chapter inflict unnecessary hardship upon the applicant. The waiver request shall be in writing using an application form promulgated by the township and accompanied by the requisite fee based upon a fee schedule adopted by the township. A copy of the completed application form shall be provided to each of the following: the township, the Township Engineer and the Township Planning Commission. The application shall state in full the grounds and facts of unreasonableness or hardship on which the request is based, the provision or provisions of the chapter involved and the minimum waiver necessary.
B. 
The township may grant a waiver of one or more provisions of this chapter, provided that such waiver will not be contrary to the public interest and that all of the following findings are made in a given case:
(1) 
That there are unique physical circumstances or conditions, including irregularity of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property, and that the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of this chapter.
(2) 
That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of this chapter, including the no harm provision documented in § 91-10, and that the authorization of a waiver is therefore necessary to enable the reasonable use of the property.
(3) 
That such unnecessary hardship has not been created by the applicant.
(4) 
That the waiver, if authorized, will represent the minimum waiver that will afford relief and will represent the least modification possible of the regulation in issue.
C. 
In granting any waiver, the township may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter. The township shall keep a record of all action on all requests for waivers.
Approvals issued pursuant to this chapter do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act or ordinance. If more stringent requirements concerning regulation of stormwater or erosion and sedimentation control are contained in the other code, rule, act or ordinance, the more stringent regulation shall apply. Refer to Appendix A[1] for a list of related regulations, codes and ordinances. Appendix A is not a part of this chapter.
[1]
Editor's Note: Appendix A is included at the end of this chapter.
The making of an administrative decision shall not constitute a representation, guaranty or warranty of any kind by the township or by any official or employee thereof of the practicability or safety of any proposed structure or use with respect to damage from erosion, sedimentation, stormwater runoff or floods and shall create no liability upon or cause of action against the township, its officials or employees.