[Ord. 524, 12/31/1991]
If compliance with any of the requirements of this Part 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.
[Ord. 524, 12/31/1991]
Requests for variances shall be considered by the Township in accordance with the procedures contained in §
4-371 and the following:
1. 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.
2. Except for a possible modification of the 1 1/2 foot freeboard requirement involved, no variance shall be granted for any of the other requirements pertaining specifically to development regulated by special permit (Subpart 3E) or to development which may endanger human life (§
4-343).
3. If granted, a variance shall involve only the least modification
necessary to provide a relief.
4. In granting any variance, 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 Part.
5. Whenever a variance is granted, the Township shall notify the applicant,
in writing, that:
A. The granting of the variance may result in increased premium rates
for flood insurance.
B. Such variances may increase the risks to life and property.
6. In reviewing any request for a variance, the Township shall consider,
at a minimum, the following:
A. That there is good and sufficient cause.
B. That failure to grant the variance would result in exceptional hardship
to the applicant.
C. That the granting of the variance will (i) neither result in an unacceptable
or prohibited increase in flood heights, additional threat to public
safety, or extraordinary public expense, (ii) nor create nuisances,
cause fraud on, or victimize the public, or conflict with any other
applicable state or local ordinances and regulations.
7. A complete record of all variance requests and related actions shall
be maintained by the Township. In addition, a report of all variances
granted during the year shall be included in the annual report to
the Federal Insurance Administration.
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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.
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