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 Board of Supervisors may, upon request, grant relief from the strict application of the requirements.
A. 
For a use other than those permitted in Article V, an application seeking approval by appeal shall be forwarded to the Township along with required studies or information and the findings of the Floodplain Administrator.
B. 
No appeal shall be granted for any construction, development, use, or activity within any floodway area that would cause any increase in the BFE.
C. 
No appeal shall be granted for any construction, development, use, or activity within any AE Area/District without floodway that would, together with all other existing and anticipated development, increase the BFE more than one foot at any point.
D. 
No appeal shall be granted for any of the other requirements pertaining specifically to development regulated by § 172-30 (pertaining to special technical requirements for activities requiring a special permit) or to development which may endanger human life (§ 172-25A) except the regulated volume with the recommendation of the Pennsylvania Department of Environmental Protection.
Any subdivision or land development proposal involving 50 or more lots or five or more acres 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.
A. 
Within the Floodplain Conservation District, manufactured homes shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.
B. 
Where permitted by appeal within the Floodplain Conservation District, all manufactured homes, and any improvements thereto, shall be:
(1) 
Placed on a permanent foundation.
(2) 
Elevated so that the lowest floor of the manufactured home is at least one foot above the BFE.
(3) 
Anchored to resist flotation, collapse, or lateral movement.
(4) 
Have all ductwork and utilities including HVAC/heat pump elevated to one foot above the BFE.
C. 
Installation of manufactured homes shall be done in accordance with the manufacturers' installation instructions as provided by the manufacturer. Where the applicant cannot provide the above information, the requirements of Appendix E of the 2009 International Residential Building Code or the United States Department of Housing and Urban Development's Permanent Foundations for Manufactured Housing, 1984 Edition, draft or latest revision thereto, shall apply and 34 Pa. Code Chapters 401 through 405.
D. 
Consideration shall be given to the installation requirements of the 2009 IBC and the 2009 IRC, or the most recent revisions thereto, and 34 Pa. Code, as amended, where appropriate and/or applicable to units where the manufacturers' standards for anchoring cannot be provided or were not established for the proposed installation.
Recreational vehicles in Zones A1-30, AH and AE must either:
A. 
Be on the site for fewer than 180 consecutive days; and
B. 
Be fully licensed and ready for highway use; or
C. 
Meet the permit requirements for manufactured homes in § 172-20.
A. 
If granted, an appeal shall permit only the least modification necessary to provide relief.
B. 
In granting an appeal, the Township may attach the reasonable conditions and safeguards based upon the overall requirements outlined herein. These conditions and safeguards are designed to help protect the public health, safety, and welfare of the residents of the Township.
C. 
Whenever an appeal is granted, the Township shall notify the applicant in writing that:
(1) 
The granting of the appeal may result in increased premium rates for flood insurance.
(2) 
Such appeals may increase the risks to life and property.
D. 
In reviewing any request for an appeal, the Township shall consider, at a minimum, the following:
(1) 
That there is good and sufficient cause, including:
(a) 
That there are unique physical circumstances or conditions, including lot size or shape, or exceptional topographic 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 Floodplain Ordinance.
(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 Ordinance and that the authorization of an appeal is therefore necessary to enable the reasonable use of the property.
(c) 
That such unnecessary hardship has not been created by the applicant.
(d) 
That the appeal, 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 appeal would result in exceptional hardship to the applicant.
(3) 
That the granting of the appeal 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.
E. 
A complete record of all appeal requests and related actions shall be maintained by the Floodplain Administrator. In addition, a report of all appeals granted during the year shall be included in the Township's biennial report to FEMA.