§ 255-169.   Variances.
   A.   If compliance with the elevation or requirements stated in this chapter would result in an exceptional hardship for a prospective builder, developer or landowner, the Zoning Hearing Board may, upon request, grant relief from the strict application of the requirement. Relief issued shall conform to the following conditions:
      (1)   If granted, a variance shall involve only the least modification necessary to provide relief.
      (2)   In granting any variance, the Zoning Hearing Board shall attach reasonable conditions and safeguards necessary to protect the public health, safety, and welfare of the Township and to achieve the objectives of this Article.
      (3)   Whenever a variance is granted, the Zoning Hearing Board shall notify the applicant in writing that:
         (a)   The variance may result in increased premium rates for insurance.
         (b)   The variance may increase risks to life and property.
      (4)   In considering any request for a variance, the Zoning Hearing Board shall consider, at a minimum, the following:
         (a)   That there is good and sufficient cause for the variance, including:
            (i)   That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of size or shape, or exceptional topographical or other physical conditions peculiar to the particular property and that the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of the zoning ordinance in the or district in which the property is located.
            (ii)   That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the zoning ordinance and that the authorization of a variance is therefore necessary to enable the reasonable of the property.
            (iii)   That such unnecessary hardship has not been created by the appellant.
            (iv)   That the variance, if authorized, will not alter the essential character of the or district in which the property is located, nor substantially or permanently impair the appropriate or of adjacent property, nor be detrimental to the public welfare.
         (b)   That failure to grant the variance would result in exceptional hardship to the applicant.
         (c)   That the granting of the variance will:
            (i)   Neither result in an unacceptable or prohibited increase in heights, additional threats to public safety, or extraordinary public expense;
            (ii)   Nor create nuisances, cause fraud on, or victimize the public, or conflict with any other applicable state or local ordinances and regulations.
      (5)   A complete record of all variance requests and related actions shall be maintained by the Township. In addition, a report of all variances granted shall be submitted as required by FEMA.
      (6)   Any new residential or of a residential which cannot be elevated to two feet above the shall be floodproofed as specified herein and in accordance with the requirements established for the Wl-W2 classes by the Office of the Chief of Engineers, United States Army, publication No. EP 1165 2 314, June, 1972, as amended.
      (7)   Any modification, alteration, reconstruction or of any kind to an existing residential , to an extent or amount of less than 50% of its market value, which cannot be elevated or floodproofed to the shall be elevated to the maximum extent possible or floodproofed for the remaining height to the .
      (8)   Any new nonresidential or of a nonresidential which cannot be elevated or floodproofed to at least two feet above the shall be elevated to the maximum extent possible or floodproofed for the remaining height to at least two feet above the .
      (9)   Any modification, alteration, reconstruction or of any kind to an existing nonresidential , to an extent or amount of less than 50% of its market value, which cannot be elevated or floodproofed to the shall be elevated to the maximum extent possible and floodproofed for the remaining height to the .
      (10)   Alteration or relocation of .
         (a)   No encroachment, alteration, or of any kind shall be made to any until all adjacent municipalities which may be affected by such action have been notified by the Township, and until all required or approvals have been first obtained from the Pennsylvania Department of Environmental Protection.
         (b)   No encroachment, alteration, or of any kind shall be made to any unless it can be shown that the activity will not reduce or impede the carrying capacity of the in any way.
         (c)   FEMA, the Pennsylvania Department of Community and Economic Development, and the Pennsylvania Department of Environmental Protection shall be notified prior to any alteration or relocation of any .
   B.   Technical or scientific data shall be submitted to FEMA for a Letter of Map Revision (LOMR) within six months of the completion of any , , or other activity resulting in changes in the BFE. A LOMR or Conditional Letter of Map Revision (CLOMR) is required for:
      (1)   Any that causes a rise in the within the ; or
      (2)   Any occurring in an area without a designated , which will cause a rise of more than one foot in the ; or
      (3)   Alteration or relocation of a stream, including but not limited to installing culverts and bridges.
   C.   Any , , or activities allowed by variance within the Floodplain Conservation District shall be undertaken in strict compliance with the provisions contained in the Township Code and any other applicable codes, ordinances and regulations. In addition, when such is proposed within the area measured 50 feet landward from the top of bank of any , a shall be obtained from the Pennsylvania Department of Environmental Protection.