[Ord. 09-127, 1/5/2009, § 7.00]
If compliance with any of the requirements of this chapter would
result in an exceptional hardship to a prospective builder, developer
or landowner, the Township may, upon request, grant relief from the
strict application of the requirements.
[Ord. 09-127, 1/5/2009, § 7.01]
1. Requests for variances shall be considered by the Township in accordance with the procedures contained in §
8-212 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 one-hundred-year flood elevation.
B. No variance shall be granted for any construction, development, use,
or activity within any FE area that would, together with all other
existing and anticipated development, increase the one-hundred-year
flood elevation more than one foot at any point.
C. Except for a possible modification of the 1 1/2 foot freeboard requirement involved, no variance shall be granted for any of the other requirements pertaining specifically to development regulated by special permit (Part
5) or to development which may endanger human life (§
8-405).
D. If granted, a variance shall involve only the least modification
necessary to provide relief.
E. In granting any variance, the Township 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 Township 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 Township 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 Township. In addition, a report of all variances
granted during the year shall be included in the annual report to
the Federal Emergency Management Agency.
2. 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.