If compliance with the elevation or floodproofing requirements
of this chapter would result in an undue hardship for a prospective
builder, developer, or landowner, the Township Zoning Hearing Board
may, upon request, grant relief from the strict application of the
requirement.
Requests for variances shall be considered by the Township Zoning Hearing Board in accordance with the procedures contained in §
83-17B and the following:
A. No variance shall be granted for any construction, development, use,
or activity within any Floodway Area that would cause any increase
in the base flood elevation.
B. If granted, a variance shall involve only the least modification
necessary to provide relief.
C. In granting any variance, the Township 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.
E. Whenever a variance is granted, the Township Zoning Hearing Board
shall notify the applicant, in writing, that:
(1) The granting of the variance may result in the increased premium
rates for flood insurance.
(2) Such variances may increase the risks to life and property.
F. In reviewing any request for a variance, the Township Zoning Hearing
Board shall consider, but not be limited to, the following:
(1) That there is good and sufficient cause.
(2) That failure to grant the variance would result in undue hardship
to the applicant.
(3) That the granting of the variance will:
(a)
Neither result in an unacceptable or prohibited increase in
flood heights, additional threats to public safety, or extraordinary
public expense; nor
(b)
Create nuisances, cause fraud on, or victimize the public, or
conflict with any other applicable state or local ordinances and regulations.
G. A complete record of all variance requests and related actions shall
be maintained by the Township Zoning Hearing Board. In addition, a
report of all variances granted during the year shall be included
in the annual report to the Federal Insurance Administration.