[Ord. 2015-07, 12/2/2015]
If compliance with any of the requirements of this chapter would
result in an exceptional hardship to a prospective builder, developer
or landowner, Shrewsbury Township may, upon request, grant relief
from the strict application of the requirements.
[Ord. 2015-07, 12/2/2015]
1. Requests for variances shall be considered by Shrewsbury Township Zoning Hearing Board in accordance with the procedures contained in §
8-311 and the following:
A. No variance shall be granted within any identified floodplain area that would cause any increase in base flood elevation. In A Area/District, base flood elevations are determined using the methodology in §
8-402C.
B. Except for a possible modification of the regulatory flood elevation requirement involved, no variance shall be granted for any of the other requirements pertaining specifically to development regulated by special permit (or prohibited activities) (Part
6) or to development that may endanger human life (§
8-504).
C. If granted, a variance shall involve only the least modification
necessary to provide relief.
D. In granting any variance, the Shrewsbury 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 Shrewsbury Township Zoning Hearing
Board 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.
F. In reviewing any request for a variance, the Shrewsbury Township
Zoning Hearing Board 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 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.
G. A complete record of all variance requests and related actions shall
be maintained by Shrewsbury Township. In addition, a report of all
variances granted during the year shall be included in the annual
report to the FEMA.
2. Notwithstanding any of the above, however, all structures shall be
designed and constructed so as to have the capability of resisting
the one-percent-annual-chance-flood.