A. 
A waiver from strict compliance with the requirements of this chapter may be granted by the Board for any of the following reasons:
(1) 
Cases in which the Board determines that there is no feasible and prudent alternative to the proposed project, including the no-action alternative, which would avoid or substantially reduce any anticipated adverse effects and where the waiver is consistent with the reasonable requirements of the public health, safety and welfare;
(2) 
Cases in which the Board determines that the costs of strict compliance are unreasonably high in relationship to the benefits achieved by strict compliance; or
(3) 
Cases in which the Board and applicant agree to alternative requirements that, in the judgment of the Board, provide equal or better protection to the public health, safety and welfare.
B. 
No such waiver shall be granted without advance public notice and, where requested or needed, a fact-finding meeting. These requirements may be waived in emergency situations, as determined by the Board.
C. 
Where granted, such waivers are subject to the appeal procedures in § 118-10 of this chapter. Decisions to grant a hardship waiver may also be appealed to NJDEP under N.J.A.C. 7:13-2.11.
D. 
In order for the Board to consider a hardship waiver, the applicant must demonstrate the following:
(1) 
By reason of the extraordinary or exceptional situation or condition of the property, the strict enforcement of this chapter would result in exceptional and undue hardship upon the applicant in question;
(2) 
The waiver will not substantially impair the appropriate use or development of adjacent property and will not pose a threat to the public health, safety and general welfare;
(3) 
The hardship is unique or peculiar to the applicant; and,
(4) 
The exceptional or undue hardship claimed as grounds for the waiver has not been created by the applicant.
E. 
The applicant shall submit to the Board with an application for a hardship waiver as much of the following information as is relevant to the projects:
(1) 
A plan for floodproofing, the implementation of which shall be a condition of the waiver;
(2) 
Proof that appropriate steps shall be taken to anchor materials in order to prevent flotation, collapse or lateral movement;
(3) 
The relationship of the proposed project to the Comprehensive Land Use Plan and floodplain program for the area;
(4) 
Proposed routes to and from the property during flood times;
(5) 
The projected height, velocity and duration of the flood-waters expected at the site during the design flood;
(6) 
The type of soil located at the proposed site;
(7) 
A statement concerning the land use and value absent the granting of the hardship waiver;
(8) 
Information regarding the existing development of the area and the impact of the additional work;
(9) 
Evidence that the project will not distort the stream's flood-carrying capacity so as to cause substantial problems along the stream; and,
(10) 
An analysis of the extent to which the sediment regimen and water quality of the stream will be affected by the proposed exemption.
(11) 
A description of the potential effects of the project upon the environment.
F. 
The applicant shall also submit proof of required public notice for consideration of a hardship waiver as required by § 118-7.
G. 
The applicant shall submit the request for a waiver along with the appropriate documentation to the Board.
(1) 
The Board shall notify the applicant of the results of its review within 90 days.
(2) 
Before making a decision, the Board may request that additional information and/or documentation be supplied. When additional information is not provided by the applicant as requested, the waiver will be denied.
H. 
If the material submitted to the Board by the applicant in support of the petition for a hardship waiver does not satisfactorily demonstrate that a hardship waiver is warranted, the Board shall so notify the applicant by letter advising the applicant that the petition for a hardship waiver has been denied by the Board and shall also state the reasons for this denial.
I. 
The denial of a waiver shall be treated as the denial of an application without prejudice.
J. 
A hardship waiver granted pursuant to this section does not relieve the applicant from obtaining any other approvals, certifications or permits required by law. A copy of the notification granting the hardship waiver shall be forwarded to the Bureau of Floodplain Management.