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 Eagles Mere may, upon request, grant
relief from the strict application of the requirements.
Requests for variances will be considered by the Borough Council only after the request for variance has been considered by the Floodplain Administrator in accordance with the procedures contained in §
58-11 and the following:
A. No variance shall be granted for any construction, development, use, or activity within any identified floodplain area that would cause any increase in the BFE. For A Zones, methodology listed in §
58-13 shall be used to determine the BFE.
B. No variance shall be granted for any of the other requirements pertaining specifically to prohibited uses (§
58-17) or prohibited activities (Article
VI).
C. If granted, a variance shall involve only the least modification
necessary to provide relief.
D. In granting any variance, the Floodplain Administrator 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. In reviewing any request for a variance, the Floodplain Administrator
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.
F. A complete record of all variance requests and related actions shall
be maintained by the Floodplain Administrator. In addition, a report
of all variances granted during the year shall be included in the
annual report to FEMA.
G. Notwithstanding any of the above, however, all structures shall be
designed and constructed so as to have the capability of resisting
the base flood.
A copy of all applications and plans for any proposed construction
or development in any identified floodplain area to be considered
for approval shall be submitted by the Floodplain Administrator to
the County Conservation District for review and comment prior to the
issuance of a variance. The recommendations of the Conservation District
shall be considered by the Floodplain Administrator for possible incorporation
into the proposed plan.
A copy of all plans and applications for any proposed construction
or development in any identified floodplain area to be considered
for approval may be submitted by the Floodplain Administrator to any
other appropriate agencies and/or individuals (e.g., Planning Commission,
Township Engineer, etc.) for review and comment.
After the issuance of a variance by the Floodplain Administrator,
no changes of any kind shall be made to the application, variance
permit or any of the plans, specifications or other documents submitted
with the application without the written consent or approval of the
Floodplain Administrator. Requests for any such change shall be in
writing, and shall be submitted by the applicant to Floodplain Administrator
for consideration.
In addition to the variance, the Floodplain Administrator shall
issue a placard which shall be displayed on the premises during the
time construction is in progress. This placard shall show the number
of the variance and the date of its issuance and be signed by the
Floodplain Administrator.