If compliance with any of the requirements of this chapter would result in an exceptional hardship to a prospective builder, developer or landowner, the Board of Supervisors may, upon request, grant relief from the strict application of the requirements.
A. 
Requests for variances shall be considered by the Zoning Hearing Board in accordance with the procedures contained in § 103-18 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 BFE. In an A Area/District, BFEs are determined using the methodology in § 103-20C.
(2) 
No variance shall be granted for prohibited activities (Article VI) or development which may endanger human life (§ 103-27).
(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 protect the public health, safety, and welfare and to achieve the objectives of this chapter.
(5) 
In reviewing any request for a variance, the Zoning Hearing Board shall consider, at a minimum, the following:
(a) 
That there is good and sufficient cause.
(b) 
That failure to grant the variance would result in exceptional hardship to the applicant.
(c) 
That the granting of the variance will:
[1] 
Neither result in an unacceptable or prohibited increase in flood heights, additional threats to the public safety, or extraordinary public expense;
[2] 
Nor create nuisances, cause fraud on, or victimize the public, or conflict with any other applicable state or local ordinances and regulations.
(d) 
That the granting of a variance is consistent with requirements of Section 910.2, Zoning Hearing Board's Functions; Variances, of the Pennsylvania Municipalities Planning Code, Act of 1968, P.L. 805, No. 247, as amended.
(6) 
Whenever a variance is granted, Nockamixon Township shall notify the applicant, in writing, that:
(a) 
The granting of the variance may result in increased premium rates for flood insurance.
(b) 
Such variance may increase the risks to life and property.
(7) 
A complete record of all variance requests and related actions shall be maintained by Nockamixon Township. In addition, a report of all variances granted during the year shall be included in the annual report to FEMA.
B. 
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.