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 may, upon request, grant relief from the strict application of the requirements.
A. 
Applications for approval of variances in the FP Floodplain Conservation District shall be considered using the standards listed in § 82-21.
B. 
For a use other than those permitted in § 82-14, an application seeking approval by variance shall be forwarded to the Zoning Hearing Board along with required studies or information and the findings of the Zoning Officer.
C. 
The Zoning Hearing Board shall request the review and recommendations of the Pennsylvania Department of Environmental Protection and the County Conservation District at least 30 days prior to the public hearing.
D. 
The Board shall request, at least 30 days prior to the public hearing, the review and recommendation of the Township Planning Commission and the Township Engineer.
E. 
If granted, a variance shall involve only the least modification necessary to provide relief.
F. 
In rendering a decision, the 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.
G. 
Whenever a variance is granted, the Township shall notify the applicant in writing that:
(1) 
The granting of the variance may result in increased premium rates for flood insurance.
(2) 
Such variances may increase the risks to life and property.
H. 
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.
A. 
No variance shall be granted for any of the uses in § 82-17, Banned uses.
B. 
No variance shall be granted for any construction, development, use, or activity within any floodway area that would cause any increase in the BFE.
C. 
No variance shall be granted for any construction, development, use, or activity within any portion of the FP Floodplain Conservation District without a defined floodway that would, together with all other existing and anticipated development, increase the BFE more than one foot at any point.
D. 
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.
E. 
Lands abutting the waterway, both upstream and downstream, shall not be adversely affected by the proposed use.
F. 
The general welfare or public interest of Towamencin Township or of other municipalities in the same watershed shall not be adversely affected.
G. 
Any new construction or improvements to existing structures permitted by a variance shall be constructed and placed on the lot so as to offer the minimum obstruction to the flow of water.
H. 
Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the base flood.
I. 
In reviewing any request for a variance, the Township shall consider, at a minimum, the following:
(1) 
That there is good and sufficient cause.
(a) 
That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness 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 the zoning ordinance in the neighborhood or district in which the property is located.
(b) 
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 the Floodplain Management Chapter and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.
(c) 
That such unnecessary hardship has not been created by the appellant.
(d) 
That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare.
(2) 
That failure to grant the variance would result in exceptional hardship to the applicant.
(3) 
That the granting of the variance will:
(a) 
Neither result in an unacceptable or prohibited increase in flood heights, additional threats to public safety or extraordinary public expense;
(b) 
Nor create nuisances, cause fraud on or victimize the public or conflict with any other applicable state or local ordinances and regulations.
All subdivision proposals and development proposals containing at least 50 lots or at least five acres, whichever is the lesser, in flood hazard areas where base flood elevation data are not available, shall be supported by hydrologic and hydraulic engineering analyses that determine base flood elevations and floodway information. The analyses shall be prepared by a licensed professional engineer in a format required by FEMA for a conditional letter of map revision or letter of map revision. Submittal requirements and processing fees shall be the responsibility of the applicant.