If compliance with any of the requirements of this chapter would
result in an exceptional hardship to a prospective builder, developer
or landowner, the Township may, upon request, grant relief from the
strict application of the requirements.
Requests for waivers shall be considered by the Township in accordance with the procedures contained in §
108-7 and the following:
A. No waiver 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.
B. No waiver 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.
C. Except for a possible modification of the 1 1/2 foot freeboard requirement involved, no waiver 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 (§
108-20).
D. If granted, a waiver shall involve only the least modification necessary
to provide relief.
E. In granting any waiver, the Township 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 waiver is granted, the Township shall notify the applicant
in writing that:
(1) The granting of the waiver may result in increased premium rates
for flood insurance.
(2) Such waivers may increase the risks to life and property.
G. In reviewing any request for a waiver the Township shall consider,
at a minimum, the following:
(1) That there is good and sufficient cause.
(2) That failure to grant the waiver would result in exceptional hardship
to the applicant.
(3) That the granting of the waiver 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 chapters and regulations.
H. A complete record of all waiver requests and related actions shall
be maintained by the Township. In addition, a report of all waivers
granted during the year shall be included in the annual report to
FEMA. 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.