If compliance with any of the requirements of this chapter would
result in an exceptional hardship to a prospective builder, developer
or landowner, the municipality may, upon request, grant relief from
the strict application of the requirements.
Except for a possible modification of the freeboard requirements involved, no variance shall be granted for any of the other requirements pertaining specifically to development regulated by Article V, Activities Requiring Special Permits, or to § 230-23, Development which may endanger human life.
In granting any variance, the Zoning/Hearing Board 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 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 100-year flood.