If compliance with any of the requirements of this chapter results
in an exceptional hardship to a prospective builder, developer or
landowner, the Borough may, upon request, grant relief from the strict
application of the requirements.
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.
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.
Except for a possible modification of the 1 1/2 foot free board requirement involved, no variance shall be granted for any of the other requirements pertaining specifically to development regulated by special permit (Article V) or to Development Which May Endanger Human Life (§ 237-25).
In granting any variance, the Borough 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.
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.
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 Insurance Administration.
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.