If compliance with any of the requirements of this chapter would
result in an exceptional hardship to a prospective builder, developer
or landowner, the Borough of Upland may, upon request, grant relief
from the strict application of the requirements.
Requests for variances shall be considered by the Borough of Upland in accordance with the procedures contained in §
90-17 and the following:
A. No variance shall be granted within any special flood hazard area that would cause any risk to life or property, nor any increase in the BFE. In A Areas, BFEs are determined using the methodology in §
90-19C.
B. 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 regulated by §
90-26, Development which may endanger human life.
C. No variance shall be granted for prohibited activities (Article
VI).
D. If granted, a variance shall involve only the least modification
necessary to provide relief.
E. In granting any variance, the Borough of Upland 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. Whenever a variance is granted, the Borough of Upland shall notify
the applicant, in writing, that:
(1) The granting of the variance may result in increased premium rates
for flood insurance.
(2) Such variances may increase the risks to life and property.
G. In reviewing any request for a variance, the Borough of Upland shall
consider, at a minimum, the following:
(1) That there is good and sufficient cause.
(2) That failure to grant the variance would result in exceptional hardship
to the applicant.
(3) That the granting of the 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.
H. A complete record of all variance requests and related actions shall
be maintained by the Borough of Upland. In addition, a report of all
variances granted during the year shall be included in the annual
report to the FEMA.
I. Notwithstanding any of the above, however, all structures shall be
designed and constructed so as to have the capability of resisting
the one-percent annual chance flood.