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 of Paxtang may, upon request, grant relief
from the strict application of the requirements.
Requests for variances shall be considered by the Borough of Paxtang in accordance with the procedures contained in §
220-16 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. No variance shall be granted for any construction, development, use
or activity within any special floodplain area that would, together
with all other existing and anticipated development, increase the
base flood elevation more than one foot at any point.
C. No variance shall be granted for any of the other requirements pertaining
specifically to development regulated by special floodplain building
permit or to development which may endanger human life.
D. If granted, a variance shall involve only the least modification
necessary to provide relief.
E. In granting any variance, the Borough of Paxtang 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 variance is granted, the Borough of Paxtang shall notify
the applicant in writing that:
(1) The granting of the variance may result in increased premium rates
for flood insurance.
(2) Such variances may increase the risks to life and property.
G. In reviewing any request for a variance, the Borough of Paxtang shall
consider, at a minimum, the following:
(1) That there is good and sufficient cause.
(2) That failure to grant the variance would result in exceptional 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;
(b)
Nor create nuisances, cause fraud on, or victimize the public,
or conflict with any other applicable state or local ordinances and
regulations.
H. 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 Emergency Management Agency.
I. No variances shall be granted for any activity on lots created after
the date of this chapter.
J. 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.