A. 
The FP Floodplain District is established to protect designated floodplain areas subject to periodic inundation by overflow from streams situated in or contiguous to Carroll Township. This district is intended to control floodplain uses and activities that, acting alone or in combination with other uses, will cause or contribute to loss and destruction of life and property during periods of flooding.
B. 
The degree of flood protection sought by the provisions of this chapter is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This chapter does not imply that areas outside any identified floodplain area or that land uses permitted within such areas will be free from flooding or flood damages.
C. 
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 or any administrative decision lawfully made thereunder.
For purposes of administering and meeting the requirements of the Floodplain District, the words and phrases listed herewith shall be defined as follows. Words not specifically cited below shall be defined as indicated in Article III of this chapter or, if not listed therein, shall be interpreted so as to give this chapter its most reasonable application.
BASEMENT
Any area of the building having its floor below ground level on all sides.
COMPLETELY DRY SPACE
A space that will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, the placement of mobile homes, streets and other paving, utilities, filling, grading, excavation, mining, dredging or drilling operations, the subdivision of land, and the storage of materials and equipment.
ESSENTIALLY DRY SPACE
A space that will remain dry during flooding, except for the passage of some water vapor or minor seepage; the structure is substantially impermeable to the passage of water.
FLOOD
A temporary inundation of normally dry land areas.
FLOODPLAIN
A relatively flat or low land area that is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse, and/or any area subject to the unusual and rapid accumulation of surface waters from any source.
FLOODPROOFING
Any combination of structural and nonstructural additions, changes or adjustments to structures that reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
FLOODWAY
The designated area of a floodplain required to carry and discharge floodwaters of a given magnitude. For the purposes of this chapter, the floodway shall be capable of accommodating a flood of the one-hundred-year magnitude.
HISTORIC STRUCTURE
Any structure that is:
A. 
Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
B. 
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
C. 
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or
D. 
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(1) 
By an approved state program as determined by the Secretary of the Interior; or
(2) 
Directly by the Secretary of the Interior in states without approved programs.
IDENTIFIED FLOODPLAIN AREA
The floodplain area specifically identified in this chapter as being inundated by the one-hundred-year flood. Included would be areas identified as Floodway (FW), Flood-Fringe (FF) and General Floodplain (FA).
MINOR REPAIR
The replacement of existing work with equivalent materials for the purpose of routine maintenance and upkeep, but not including the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the exitway requirements; nor shall minor repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.
MOBILE HOME
A transportable, single-family dwelling intended for permanent occupancy, office or place of assembly, contained in one or more sections, built on a permanent chassis, which arrives at a site completed and ready for assembly operations, and constructed so that it may be used with or without a permanent foundation. The term includes park trailers, travel trailers, recreational and other similar vehicles which are placed on a site for more than 180 consecutive days.
MOBILE HOME PARK
A parcel of land under single ownership, which has been planned and improved for the placement of two or more manufactured homes for nontransient use.
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after June 17, 1966, and includes any subsequent improvements thereto.
OBSTRUCTION
Any wall, dam, wharf, embankment, levee, dike, pile abutment, projection, excavation, channel, rectification, culvert, building, fence, stockpile, refuse, fill, structure or matter in, along, across or projecting into any channel, watercourse or flood-prone area, that: a) may impede, retard, or change the direction of the flow of water either in itself or by catching or collecting debris carried by such water; or b) is placed where the flow of the water might carry the same downstream to the damage of life and property.
ONE-HUNDRED-YEAR FLOOD
A flood that, on the average, is likely to occur once every 100 years (i.e., that has a one-percent chance of occurring each year, although the flood may occur in any year).
RECREATIONAL VEHICLE
A vehicle which is: i) built on a single chassis; ii) not more than 400 square feet, measured at the largest horizontal projections; iii) designed to be self-propelled or permanently towable by a light duty truck; iv) not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.
REGULATORY FLOOD ELEVATION
The one-hundred-year flood elevation plus a freeboard safety factor of 1 1/2 feet.
SUBSTANTIAL DAMAGE
Damage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% or more of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either: a) before the improvement or repair is started; or b) if the structure has been damaged and is being restored, before the damage occurred. The term includes structures which have incurred substantial damage, regardless of the actual repair work performed. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: a) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or b) any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.
In addition to the administrative enforcement provisions specified under other sections of this chapter, the following additional provisions shall apply to any and all types of development undertaken within any floodplain district in the Township of Carroll.
A. 
Any construction or development or change to existing conditions of any type, whether involving structures or land features, is prohibited unless a zoning permit has been obtained from the Zoning Officer.
B. 
Prior to the issuance of any zoning permit, the Zoning Officer shall review the application for a permit to determine if all other necessary governmental permits required by state and federal laws have been obtained.
C. 
No encroachment, alteration or improvement of any kind shall be made to any watercourse until all adjacent municipalities that may be affected by such action have been notified by the Township and until all required permits or approvals have been first obtained by the Department of Environmental Protection, Bureau of Dams and Waterway Management. In addition, the Federal Emergency Management Agency and Pennsylvania Department of Community and Economic Development, Bureau of Community Planning, shall be notified by the Township prior to any alteration or relocation of any watercourse.
D. 
The application for a zoning permit shall include a plan of the site showing the exact size and location of the proposed activity as well as any existing buildings or structures of any type.
E. 
For proposed construction or development activity located entirely or partially within a floodplain district, applicants for zoning permits shall provide necessary information in sufficient detail and clarity to enable the Zoning Officer to determine that:
(1) 
All such proposals are consistent with the need to minimize flood damage and conform with applicable codes and ordinances;
(2) 
All utilities and facilities are located and constructed to minimize or eliminate flood damage; and
(3) 
Adequate drainage is provided so as to reduce exposure to flood hazards.
The following minimum information, plus any other pertinent data as may be required by the Zoning Officer, shall be filed by applicants for zoning permits in floodplain districts.
A. 
A plan of the entire site, drawn at a scale of one inch equals 100 feet or less, showing the following:
(1) 
North arrow, scale and date.
(2) 
Topographic contour lines.
(3) 
All property and lot lines, including dimensions, and the size of the site expressed in acres or square feet.
(4) 
The location of all existing and proposed structures, improvements, and the location of existing or proposed development.
(5) 
The location of existing streets and accessways.
(6) 
The location of any bodies of water or watercourses, identified floodplain areas, and information pertaining to the floodway and the flow of water, including direction and velocities, if available.
B. 
Plans of all proposed buildings, structures and other improvements, drawn at scale, showing the following:
(1) 
The proposed lowest floor elevation of any proposed building based upon National Geodetic Vertical Datum of 1929.
(2) 
The elevation of the one-hundred-year flood.
(3) 
If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a one-hundred-year flood.
(4) 
Detailed information concerning proposed floodproofing measures.
C. 
The following data and documentation shall be submitted:
(1) 
A document, certified by a registered professional engineer or architect, which states that the proposed construction or development has been adequately designed to withstand the one-hundred-year flood elevations, pressures, velocities, impact and uplift forces associated with the one-hundred-year-flood. Such statement shall include a description of the type and extent of floodproofing measures incorporated into the design of the development.
(2) 
Detailed information needed to determine compliance with § 260-34C and E of this chapter, including the amount, location and purpose of any materials or substances which are intended to be used, produced, stored or otherwise maintained on site, and a description of the safeguards incorporated into the design to prevent leaks or spills of substances listed in § 260-34C.
(3) 
The appropriate component of the Department of Environmental Protection's Planning Module for Land Development.
D. 
The following additional data and documentation shall be included:
(1) 
Where any excavation or grading is proposed, a plan meeting the requirements of the Department of Environmental Protection to implement and maintain erosion and sedimentation control.
(2) 
A statement, certified by a registered professional engineer, architect or landscape architect, containing a description of any loose buoyant materials or debris that may possibly exist or be stored in any manner on the site below the one-hundred-year flood elevation.
(3) 
Any other applicable permits, such as, but not limited to, a permit for any activity regulated by the Department of Environmental Protection under Section 302 of Act 1978-166.[1]
[1]
Editor's Note: Section 302 of the Flood Plain Management Act; see 32 P.S. § 679.302.
E. 
Inspection and revocation. During the construction or development period, the Zoning Officer shall inspect the premises to determine that the work is in compliance with the information provided on the zoning permit application. In the discharge of these duties, the Zoning Officer shall have the authority to enter any building, structure, premises or development in the identified flood-prone area upon presentation of proper credentials at any reasonable hour.
(1) 
The Zoning Officer shall revoke the zoning permit if it is discovered that the work does not comply with the permit application.
(2) 
A record of all such inspections and violations of this chapter shall be maintained by the Zoning Officer.
For the purposes of this chapter, the areas considered to be floodplain within the Township of Carroll shall be those areas identified as being subject to the one-hundred-year flood in the Flood Insurance Study prepared for the Township by the Federal Emergency Management Agency, dated December 5, 1995, or the most recent revision thereof.
A. 
A map showing all areas considered to be subject to the one-hundred-year-flood is available for inspection at the Township offices.
(1) 
The identified floodplain area shall consist of the following specific areas:
(a) 
FW (Floodway Area). The areas identified as "floodway" in the AE Zone in the Flood Insurance Study prepared by the FEMA. The term shall also include floodway areas which have been identified in other available studies or sources of information for those floodplain areas where no floodway has been identified in the Flood Insurance Study.
(b) 
FF (Flood-Fringe Area). The remaining portions of the one-hundred-year floodplain in those areas identified as an AE Zone in the Flood Insurance Study where a floodway has been delineated.
(c) 
FA (General Floodplain Area). The areas identified as "Zone A" in the FIS for which no one-hundred-year flood elevations have been provided. When available, information from other federal, state, and other acceptable sources shall be used to determine the one-hundred-year elevation, as well as a floodway area, if possible. When no other information is available, the one-hundred-year elevation shall be determined by using a point on the boundary of the identified floodplain area which is nearest the construction site in question.
(2) 
In lieu of the above, the municipality may require the applicant to determine the elevation with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the Township.
B. 
The areas considered to be floodplain may be revised or modified by the Board of Supervisors where studies or information provided by a qualified agency or person documents the need or possibility for such revision.
(1) 
No modification or revision of any floodplain area identified in the Flood Insurance Study shall be made without prior approval from the Federal Emergency Management Agency.
(2) 
Should a dispute arise concerning the identification of any floodplain area, an initial determination shall be made by the Planning Commission, and any party aggrieved by such decision may appeal to the Zoning Hearing Board. The burden of proof shall be on the appellant.
(3) 
The Zoning Hearing Board may require other sources of information to be undertaken. Such analysis shall be acceptable only if prepared by professional engineers or others of demonstrated qualification. All such material shall be submitted in sufficient detail to allow a thorough technical review by Township officials.
(4) 
Any changes in the elevation of the floodplain areas shall be subject to the review and approval of the Federal Insurance Administrator.
C. 
The Flood Insurance Study prepared for Carroll Township by the Federal Emergency Management Agency, accompanying floodway data, the Flood Insurance Rate Map, together with amendments, map inserts, ordinances, notations, references or designations shown on said material are hereby made a part of this chapter.
In the identified floodplain area, all uses of land and associated activities shall comply with the restrictions and requirements of this and all other applicable codes and ordinances in force in the municipality.
A. 
Uses permitted in the M-1 and M-2 Industrial Districts that have a low flood damage potential and do not obstruct flood flows may be permitted within the Floodplain District. In addition, the following uses may be permitted:
(1) 
Private and public recreation uses, such as boat-launching ramps, parks and fishing areas that do not require the use of any type of structure that would impede flood flows.
(2) 
Residential-related uses such as lawns, gardens and parking and play areas.
B. 
Special requirements for manufactured homes.
(1) 
Within any FW (Floodway Area), manufactured homes shall be prohibited.
(2) 
Within any FA (General Floodplain Area) or FE (Special Floodplain Area), manufactured homes shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.
(3) 
Where permitted within any floodplain area, all manufactured homes, and any improvements thereto, shall be:
(a) 
Placed on a permanent foundation.
(b) 
Elevated so that the lowest floor of the manufactured home is 1 1/2 feet or more above the elevation of the one-hundred-year flood.
(c) 
Anchored to resist flotation, collapse or lateral movement.
C. 
The following activities shall be specifically prohibited within any FW (Floodway Area), FF (Flood-Fringe Area) or any FA (General Floodplain Area).
(1) 
Hospitals.
(2) 
Nursing homes.
(3) 
Jails or prisons.
(4) 
The commencement of, or any construction of, any new mobile home park, or substantial improvement to an existing mobile home park.
D. 
No use shall adversely affect the capacity of the channels or floodways of any tributary to a main stream, drainage ditch, or any other drainage facility or stream. Within the floodway, no development shall be permitted if the development would cause any increase in the one-hundred-year flood elevation.
A. 
Any construction, development, uses or activities allowed within any identified floodplain shall be undertaken in strict compliance with the provisions contained in this chapter and any other applicable codes, ordinances and regulations.
(1) 
Within any FW (Floodway Area):
(a) 
Any new construction, development, use, activity or encroachment that would cause any increase in one-hundred-year flood heights shall be prohibited.
(b) 
No new construction or development shall be allowed unless a permit is obtained from the Department of Environmental Protection, Bureau of Dams and Waterway Management.
(c) 
Mobile homes/house trailers shall be prohibited.
(2) 
Within any FA (General Floodplain Area). No new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse unless a permit is obtained from the Department of Environmental Protection, Bureau of Dams and Waterway Management.
(3) 
Residential structures. Within any FW, FF or FA, the lowest floor (including basement) of any new construction or substantially improved residential structure shall be at least 1 1/2 feet above the one-hundred-year flood elevation.
(4) 
Nonresidential structures.
(a) 
Within any FW, FF or FA, the lowest floor (including basement) of any new construction or substantially improved nonresidential structure shall be at least 1 1/2 feet above the one-hundred-year flood elevation, or be designed and constructed so that the space enclosed by such structure shall remain either completely or essentially dry during any flood up to that height.
(b) 
Any structure, or part thereof, that will not be completely or adequately elevated, shall be designed and constructed to be completely or essentially dry in accordance with the standards contained in the publication entitled "Flood-Proofing Regulations" (United States Army Corps of Engineers, June 1972), or some other equivalent standard, for that type of construction.
(c) 
All plans and specifications for such floodproofing shall be accompanied by a statement certified by a registered professional engineer or architect which states that the proposed design and methods of construction are in conformance with the above-referenced standards.
(5) 
Fully enclosed areas below the lowest floor shall be prohibited.
(6) 
Partially enclosed space below the lowest floor (including basement) which will be used solely for the parking of a vehicle, building access, or incidental storage in an area other than a basement shall be designed and constructed to allow for the automatic entry and exist of floodwaters for the purpose of equalizing hydrostatic forces on exterior walls. The term "partially enclosed space" also includes crawl spaces. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:
(a) 
A minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space.
(b) 
The bottom of all openings shall be no higher than one foot above grade.
(c) 
Openings may be equipped with screens, louvers, etc., or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
B. 
The following standards shall apply for all construction and development proposed within any identified floodplain area:
(1) 
Fill. If fill is used, it shall:
(a) 
Extend laterally at least 15 feet beyond the building line from all points.
(b) 
Consist of soil or small rock materials only. Sanitary landfills shall not be permitted.
(c) 
Be compacted to provide the necessary permeability and resistance to erosion, scouring or settling,
(d) 
Be no steeper than one vertical to two horizontal, unless substantiated data justifying steeper slopes is submitted to, and approved by, the Zoning Permit Officer.
(e) 
Be used to the extent to which it does not adversely affect adjacent properties.
(2) 
Drainage. Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. The system shall ensure proper drainage along streets and provide positive drainage away from buildings. The system shall also be designed to prevent the discharge of excess runoff onto adjacent properties.
(3) 
Water and sanitary sewer facilities and systems.
(a) 
All new or replacement water and sanitary sewer facilities and systems shall be located, designed and constructed to minimize or eliminate flood damages and the infiltration of floodwaters.
(b) 
Sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage into floodwaters.
(c) 
No part of any on-site sewage system shall be located within any identified floodplain area except in strict compliance with all state and local regulations for such systems.
(4) 
Other utilities. All other utilities, such as gaslines, electrical and telephone systems, shall be located, elevated (where possible) and constructed to minimize the chance of impairment during a flood.
(5) 
Streets. The finished elevation of all new streets shall be no more than one foot below the regulatory flood elevation.
(6) 
Storage. All materials that are buoyant, flammable, explosive or in times of flooding could be injurious to human, animal or plant life, and not listed in § 260-34C, shall be stored at or above the regulatory flood elevation and/or floodproofed to the maximum extent possible.
(7) 
Placement of buildings, structures and mobile homes/house trailers.
(a) 
All buildings and structures shall be designed, located and constructed so as to offer the minimum obstruction to the flow of water and shall be designed to have a minimum effect upon the flow and height of floodwater.
(b) 
All mobile homes/house trailers and any improvements thereto shall be placed on a permanent foundation, elevated so that the lowest floor of the manufactured home is 1 1/2 feet or more above the elevation of the one-hundred-year-flood and anchored to resist flotation, collapse or lateral movement.
(8) 
Anchoring.
(a) 
All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse or lateral movement.
(b) 
All air ducts, large pipes, storage tanks, and other similar objects or components located below the regulatory flood elevation shall be securely anchored or affixed to prevent flotation.
(9) 
Floors, walls and ceilings.
(a) 
Wood flooring used at or below the regulatory flood elevation shall be installed to accommodate a lateral expansion of the flooring perpendicular to the flooring grain without causing structural damage to the building.
(b) 
Plywood used at or below the regulatory flood elevation shall be of a marine or water-resistant variety.
(c) 
Walls and ceilings at or below the regulatory flood elevation shall be designed and constructed of materials that are water-resistant and will withstand inundation.
(d) 
Windows, doors, and other components at or below the regulatory flood elevation shall be made of metal or other water-resistant material.
(10) 
Paints and adhesives.
(a) 
Paints or other finishes used at or below the regulatory flood elevation shall be of a marine or water-resistant quality.
(b) 
Adhesives used at or below the regulatory flood elevation shall be of a marine or water-resistant quality.
(c) 
All wooden components (doors, trim, cabinets, etc.) used at or below the regulatory flood elevation shall be finished with a marine or water-resistant paint or other finishing material.
(11) 
Electrical components.
(a) 
Electrical distribution panels shall be at least three feet above the one-hundred-year flood elevation.
(b) 
Separate electrical circuits shall serve lower levels and be dropped from above.
(12) 
Equipment. Water heaters, furnaces, air-conditioning and ventilating units, and other electrical, mechanical or utility equipment or apparatus shall not be located below the regulatory flood elevation.
(13) 
Fuel supply systems. All gas and oil supply systems shall be designed to prevent the infiltration of floodwaters into the system and discharges from the system into floodwaters. Additional provisions shall be made for the drainage of these systems in the event that floodwater infiltration occurs.
C. 
In order to control development that may endanger human life, and in accordance with the Pennsylvania Flood Plain Management Act and the regulations adopted by the Department of Community and Economic Development as required by the Act, any new or substantially improved structure which will be used for the production or storage of any of the following dangerous materials or substances, or will be used for any activity requiring the maintenance of a supply of more than 550 gallons or other comparable volume of any of the following dangerous materials or substances on the premises, or will involve the production, storage, or use of any amount of radioactive substances shall be subject to the provisions of this section in addition to all other applicable provisions. The following list of materials and substances are considered dangerous to human life:
Acetone
Ammonia
Benzene
Calcium carbide
Carbon disulfide
Celluloid
Chlorine
Hydrochloric acid
Hydrocyanic acid
Magnesium
Nitric acid and oxides of nitrogen
Petroleum products (gasoline, fuel oil, etc.)
Phosphorus
Potassium
Sodium
Sulphur and sulphur products
Pesticides (including insecticides, fungicides and rodenticides)
Radioactive substances, insofar as such substances are not otherwise regulated.
D. 
Within any FW (Floodway Area), any structure, material or substance of the kind described in § 260-34C above shall be prohibited.
E. 
Where permitted within any FF (Flood-Fringe Area) or FA (General Floodplain Area), any structure, material or substance described in § 260-34C above shall be:
(1) 
Elevated or designed and constructed to remain completely dry up to at least 1 1/2 feet above the one-hundred-year flood; and
(2) 
Designed to prevent pollution from the structure or activity during the course of a one-hundred-year flood.
(3) 
Any such structure or part thereof that will be built below the regulatory flood elevation shall be designed and constructed in accordance with the standards for completely dry floodproofing.
F. 
Existing structures in identified floodplain areas. Structures existing in any identified floodplain area prior to the enactment of this chapter may continue, subject to the following provisions. Where any conflict is raised between any section of this chapter and the following provisions, the requirements of the latter shall prevail.
(1) 
No expansion or enlargement of an existing structure shall be allowed within any identified floodway that would cause any increase in flood heights.
(2) 
Any modification, alteration, reconstruction or improvement of any kind to an existing structure to an extent or amount of 50% or more of its market value shall constitute a substantial improvement and shall be undertaken only in full compliance with the provisions of this chapter.
(3) 
Any modification, alteration, reconstruction or improvement of any kind to an existing structure to an extent or amount of less than 50% of its market value shall be elevated and/or floodproofed to the greatest extent possible.
If compliance with any of the requirements of Article X of this chapter would result in an exceptional hardship for a prospective builder, developer or landowner, the Zoning Hearing Board may, upon request, grant relief from the strict application of said requirements, subject to the following:
A. 
Requests for variances shall be considered by the Zoning Hearing Board in accordance with the provisions of Article XX of this chapter and the following:
(1) 
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.
(2) 
No variance shall be granted for any of the requirements of this chapter which pertain to activities specifically prohibited in § 260-33B or to development that may endanger human life.
(3) 
If granted, a variance shall involve only the least modification necessary to provide relief.
(4) 
In granting any variance, the Zoning Hearing Board shall attach whatever reasonable conditions and safeguards it considers necessary in order to achieve the objectives of this chapter.
(5) 
Whenever a variance is granted, the 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.
B. 
In reviewing any request for a variance, the Zoning Hearing Board shall consider, but not be limited to, the following:
(1) 
That the findings are consistent with Article XX of this chapter.
(2) 
That the granting of the variance will neither result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, or extraordinary public expense; nor create nuisances, cause fraud on, or victimize the public, or conflict with any other applicable state statute or regulation or local ordinance or regulation.
C. 
A report of all variances granted during the year which involve uses or activities in an FW (Floodway Area), FF (Flood-Fringe Area) or FA (General Floodplain Area) shall be included in the annual report to the Federal Emergency Management Agency.
D. 
Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the one-hundred-year flood.