[Ord. 2-2013, 4/2/2013]
The Board of Supervisors, upon obtaining the comments and recommendations of the Township Planning Commission and/or Engineer, may grant a waiver of the requirements of one or more provisions of this chapter if literal compliance will result in undue hardship, or be unreasonable, or if the applicant establishes to the satisfaction of the Board of Supervisors that an alternative standard can be demonstrated to provide equal or better results, provided that such waiver will not be contrary to the public interest and fulfills the purpose and intent of this chapter.
[Ord. 2-2013, 4/2/2013]
1. 
Applicants requesting a waiver(s) in conjunction with a conditional use application shall first obtain the Planning Commission's recommendation to the Board of Supervisors prior to Board of Supervisors' consideration of the waiver request. Other waiver requests shall be submitted to the Floodplain Administrator who has the option, but not obligation, to obtain a recommendation from the Planning Commission or Township Engineer prior to consideration of the waiver request by the Board of Supervisors. In acting on all waiver requests, the Board of Supervisors shall take into consideration § 8-601 above and the following:
A. 
No waiver shall be granted for any construction, development, use, or activity within any Floodway Area/District that would cause any increase in the BFE.
B. 
No waiver 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.
C. 
Except for a possible modification of the regulatory flood elevation requirement involved, no waiver shall be granted for any of the other requirements pertaining specifically to § 8-404, Subsection 1I, Development or Activity Which May Endanger Human Life.
D. 
If granted, a waiver shall involve only the least modification necessary to provide relief.
E. 
In granting any waiver, the Board of Supervisors 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.
F. 
Whenever a waiver is granted, the Board of Supervisors shall notify the applicant in writing that:
(1) 
The granting of the waiver may result in increased premium rates for flood insurance.
(2) 
Such waiver may increase the risks to life and property.
G. 
In reviewing any request for a waiver, the Board of Supervisors shall consider, at a minimum, the following:
(1) 
That there is good and sufficient cause.
(2) 
That failure to grant the waiver would result in undue or unreasonable hardship to the applicant.
(3) 
That the granting of the waiver 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.
H. 
A complete record of all waiver requests and related actions shall be maintained by Stroud Township. In addition, a report of all waivers granted during the year shall be included in the annual report to the FEMA and/or state agencies, as required.
2. 
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.