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 Brentwood may, upon request, grant relief
from the strict application of the requirements.
Requests for variances shall be considered by the Borough of Brentwood in accordance with the procedures contained in §
113-16 and the following:
A. No variance shall be granted within any identified floodplain area that would cause any increase in BFE. In A Area/District, BFEs are determined using the methodology in §
113-18A.
B. No variance shall be granted for any development regulated by prohibited activities (Article
VI) or to development which may endanger human life (§
113-25).
C. If granted, a variance shall involve only the least modification
necessary to provide relief.
D. In granting any variance, the Borough of Brentwood 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 Borough of Brentwood 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 Borough of Brentwood
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; 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 Borough of Brentwood. In addition, a report of
all variances granted during the year shall be included in the annual
report to the FEMA.
H. 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.