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 of West Brandywine Zoning Hearing Board may, upon request, grant relief from the strict application of the requirements, and in accordance with the procedures set forth in the Township Zoning Officer.
Requests for variances shall be considered by the Township of West Brandywine Zoning Hearing Board in accordance with the procedures contained in § 89-311, those procedures governing the Zoning Hearing Board contained in the Township Zoning Ordinance, and the following:
A. 
No variance shall be granted within any identified floodplain area that would cause any increase in BFE. In A Area/District, BFEs are determined using the methodology in § 89-402C.
B. 
No variance shall be granted for prohibited activities (Article VI), manufactured homes (§ 89-506), or to development which may endanger human life (§ 89-504).
C. 
If granted, a variance shall involve only the least modification necessary to provide relief.
D. 
In granting any variance, the Township of West Brandywine 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.
E. 
Whenever a variance is granted, the Township of West Brandywine Zoning Hearing Board 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.
F. 
In reviewing any request for a variance, the Township of West Brandywine Zoning Hearing Board shall consider, at a minimum, the following:
(1) 
That there is good and sufficient cause.
(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.
G. 
A complete record of all variance requests and related actions shall be maintained by the Township of West Brandywine Zoning Hearing Board. In addition, a report of all variances granted during the year shall be included in the annual report to the FEMA.
H. 
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.
I. 
In any case where the Board shall grant a variance to permit the erection of a structure in any identified floodplain area or to permit a change in a nonconforming use of an existing structure in the identified floodplain area, the Board shall, for the protection of prospective purchasers and lessees, impose the following conditions:
(1) 
Require the applicant to advise prospective purchasers and/or lessees that the lot is located either entirely or partially, as the case may be, in a floodplain area.
(2) 
Require that before settlement or change in nonconforming use, as the case may be, may take place, the purchaser or lessee shall signify in writing that he has been advised that the premises lie partially or entirely in a floodplain area. A signed copy of the signification shall be delivered to and retained by the Township Zoning Officer.
(3) 
Where the premises are to be conveyed, the deed shall contain the following provisions:
"This lot is entirely (partially) within a floodplain as defined by the Identified Floodplain Area Article of the Zoning Ordinance of West Brandywine Township, Chester County, Pennsylvania."