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 Spring Zoning Hearing Board may, upon request, grant relief from the strict application of those requirements.
Requests for variances shall be considered by the Township of Spring Zoning Hearing Board in accordance with the procedures contained in § 190-16 and the provisions of the MPC.[1] The following specific criteria, as well as such other evidence and criteria as may be relevant pursuant to Article IX of the MPC[2] shall be considered by the Zoning Hearing Board:
A.
No 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 variance shall be granted for any construction, development, use, or activity within any A Area/District or within any AE Area/District without floodway that would result in a new BFE more than one foot greater than the BFE existing at the effective date of this chapter.
C.
Except for a possible modification of the regulatory flood elevation requirement involved, no variance shall be granted for any of the other requirements pertaining specifically to Article VI, Prohibited Activities in Identified Floodplain Areas, or to § 190-25, Development which may endanger human life.
D.
If granted, a variance shall involve only the least modification necessary to provide relief.
E.
In granting any variance, the Township of Spring 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.
F.
In reviewing any request for a variance, the Township of Spring Zoning Hearing Board shall consider the provisions of the MPC pertaining to the granting of variances.
G.
A complete record of all variance requests and related actions shall be maintained by the Township of Spring Zoning Hearing Board. In addition, a report of all variances granted during the year shall be included in the annual report to FEMA. 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.