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 may, upon request, grant
relief from the strict application of the requirements.
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.
No variance shall be granted for any construction,
development, use, or activity within any FE area that would, together
with all other existing and anticipated development, increase the
one-hundred-year-flood elevation more than one foot at any point.
Except for a possible modification of the one-and-one-half-foot freeboard requirement involved, no variance shall be granted for any of the other requirements pertaining specifically to development regulated by special permit (Article V) or to development which may endanger human life (§ 97-25).
In granting any variance, the Borough 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.
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.
A complete record of all variance requests and related
actions shall be maintained by the Borough. In addition, a report
of all variances granted during the year shall be included in the
annual report to the Federal Insurance Administration.
Notwithstanding any of the above, however, all structures
shall be designed and constructed so as to have the capability of
resisting the one-hundred-year flood.