If compliance with any of the requirements of this chapter would result in an exceptional hardship for a prospective builder, developer or landowner, the Lower Makefield Township Zoning Hearing Board 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 § 114-18 and the following:
(1) 
No variance shall be granted for any construction, development, use or activity within the Identified Floodplain Area that would cause any increase in BFE. In A Area/District(s), BFEs are determined using the methodology in § 114-20C.
(2) 
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 development which may endanger human life (§ 114-27).
(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) 
Whenever a variance is granted, the Zoning Hearing Board shall notify the applicant in writing that:
(a) 
The granting of the variance may result in increased premium rates for flood insurance.
(b) 
Such variances may increase the risks to life and property.
(6) 
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 neither result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, or extraordinary public expense; nor create nuisances, cause fraud on, or victimize the public, or conflict with any other applicable state statute or regulation, or local ordinance or regulations.
(7) 
A complete record of all variance requests and related actions shall be maintained by Lower Makefield Township. In addition, a report of all variances granted during the year shall be included in the annual report to the Federal Emergency Management Agency (FEMA).
(8) 
If the state statutory criteria for review for the Zoning Hearing Board in any way conflicts with federal requirements and/or federal law, federal law shall preempt that of the state.
B. 
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.