If compliance with any of the requirements of this chapter would result in an exceptional hardship to a prospective builder, developer or landowner, the Zoning Hearing Board may, upon request, grant relief from the strict application of such requirements of this chapter.
Requests for floodplain variances shall be considered by the Zoning Hearing Board in accordance with the procedures contained in Part 24 of the Zoning Ordinance (Chapter 27) (related to Zoning Hearing Board) and the following requirements:
A. 
No floodplain variance 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 floodplain variance 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 three inches at any point.
C. 
No floodplain variance shall be granted for a proposed accessory structure that exceeds 600 square feet in size where prohibited by § 8-502E(9) of this chapter.
D. 
A signed nonconversion agreement is required as a condition of receiving a floodplain variance where dictated by § 8-502E(9) of this chapter.
E. 
Except for a possible modification of the regulatory flood elevation requirement involved, no floodplain variance shall be granted for any of the other requirements pertaining specifically to development regulated by (1) Part 6 of this chapter (Special Permits) and (2) Development which may endanger human life contained in § 8-504 of this chapter.
F. 
If granted, a floodplain variance shall involve only the least modification necessary to provide relief.
G. 
In granting any floodplain 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.
H. 
Whenever a floodplain variance is granted, the Zoning Hearing Board shall notify the applicant in writing that:
(1) 
The granting of the floodplain variance may result in increased premium rates for flood insurance; and
(2) 
Such floodplain variance may increase the risks to life and property.
I. 
In reviewing any request for a floodplain variance, the Zoning Hearing Board shall consider, at a minimum, the following:
(1) 
That there is good and sufficient cause.
(2) 
That failure to grant the floodplain variance would result in exceptional hardship to the applicant.
(3) 
That the granting of the floodplain variance will neither:
(a) 
Result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, or extraordinary public expense; nor
(b) 
Create nuisances, cause fraud on, or victimize the public, or conflict with any other applicable state or local ordinances and regulations.
J. 
A complete record of all floodplain variance requests and related actions shall be maintained by the Township. In addition, a report of all floodplain variances granted during the year shall be included in the Township's annual report to FEMA.
K. 
Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the 1% annual chance flood.