(a) If compliance with any of the requirements of this chapter would result in an exceptional noneconomic hardship to a prospective builder, developer or landowner, the Zoning Hearing Board may, upon request, grant relief from the strict application of the requirements. Requests for variances shall be considered by the Zoning Hearing Board in accordance with the existing Township zoning ordinances and statutes.
[1] Notwithstanding the provisions of this section, no variance shall be granted for:
[a] The commencement of any of the following activities or the construction, enlargement or expansion of any structure used or intended to be used for any of the following activities:
[i] Hospitals.
[ii] Nursing homes.
[iii] Jails or prisons.
[b] The commencement of, or any construction of, a new manufactured home subdivision or improvement to an existing manufactured home park or manufactured home subdivision.
[c] Any new or improved structure which will be used for the production or storage of any of the following dangerous materials or substances or which will be used for any activity requiring the maintenance of a supply of any of the following dangerous materials or substances on the premises:
[i] Acetone.
[ii] Ammonia.
[iii] Benzene.
[iv] Calcium carbide.
[v] Carbon disulfide.
[vi] Celluloid.
[vii] Chlorine.
[viii] Hydrochloric acid.
[ix] Hydrocyanic acid.
[x] Magnesium.
[xi] Nitric acid and oxides of nitrogen.
[xii] Petroleum products (gasoline, fuel oil, etc.)
[xiii] Phosphorus.
[xiv] Potassium.
[xv] Sodium.
[xvi] Sulfur and sulfur products.
[xvii] Pesticides (including insecticides, fungicides and rodenticides).
[xviii] Radioactive substances, insofar as such substances are not otherwise regulated.
[2] No variance shall be granted for any construction, development, use or activity within any floodway area that would cause any increase in the one-hundred-year-flood elevation.
[3] No variance shall be granted for any construction, development, use or activity within any AE area (as designated on the FIRM) that would, together with all other existing and anticipated development, increase the one-hundred-year-flood elevation more than one foot at any point.
[4] If granted, a variance shall involve only the least modification necessary to provide relief. If it should become necessary to grant any variance, the applicant shall be required to comply with all applicable requirements of the National Flood Insurance Program Regulations (60.3 d) including the requirements for elevations, floodproofing and anchoring. The applicant must also comply with any other requirements or conditions of all other applicable Township ordinances.
[5] 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.
[6] 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 variance may increase the risks to life and property and that the erection of such structure or improvement is at the sole risk of the applicant.
[7] In reviewing any request for a variance, the Zoning Hearing Board shall consider the following as the minimum criteria:
[a] That there is good and sufficient cause.
[b] That failure to grant the variance would result in exceptional noneconomic 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 or local ordinances and regulations.
[8] A complete record of all variance requests and related action shall be maintained by the Township. In addition, a report of all variances granted during the year under § 155-11E shall be included in the Annual Zoning Report to the Federal Emergency Management Agency.
(b) Notwithstanding any of the above, all structures shall be designed and constructed so as to have the capability of resisting a one-hundred-year flood.