If compliance with any of the requirements of this chapter would
result in an exceptional hardship to a prospective builder, developer
or landowner, the Board of Supervisors may, upon request, grant relief
from the strict application of the requirements.
Requests for waivers shall be considered by the Board of Supervisors in accordance with the procedures contained in §
106-8 and the following:
A. No waiver shall be granted for any construction, development, use,
or activity within any Floodway Area/District that would cause any
increase in the BFE.
B. No waiver shall be granted for any construction, development, use,
or activity within any AE Area/District without floodway that would,
together with all other existing and anticipated development, increase
the BFE more than one foot at any point.
C. Except for a possible modification of the regulatory flood elevation requirement involved, no waiver shall be granted for any of the other requirements pertaining specifically to development regulated by special permit (or prohibited activities) (Article
V) or to development which may endanger human life (§
106-23).
D. If granted, a waiver shall involve only the least modification necessary
to provide relief.
E. In granting any waiver, the Board of Supervisors 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 waiver is granted, the Board of Supervisors shall notify
the applicant in writing that:
(1) The granting of the waiver may result in increased premium rates
for flood insurance.
(2) Such waivers may increase the risks to life and property.
G. In reviewing any request for a waiver, the Board of Supervisors shall
consider, at a minimum, the following:
(1) That there is good and sufficient cause.
(2) That failure to grant the waiver would result in exceptional hardship
to the applicant.
(3) That the granting of the waiver 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 waiver requests and related actions shall
be maintained by the Board of Supervisors. In addition, a report of
all waivers granted during the year shall be included in the annual
report to FEMA.
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.
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