[Ord. 1-2004, 3/8/2004, Art. VII, § 7.00]
If compliance with any of the requirements of this Part would
result 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.
[Ord. 1-2004, 3/8/2004, Art. VII, § 7.01]
1. Requests for variances shall be considered by the Borough in accordance with the procedures contained in §
1522 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 100-year flood elevation.
B. Except for a possible modification of the freeboard 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 (§
1551 C.).
C. If granted, a variance shall involve only the least modification
necessary to provide relief.
D. 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 Part.
E. Whenever a variance is granted, the Borough 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 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.
G. 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.
2. Notwithstanding any of the above, however, all structures shall be
designed and constructed so as to have the capability of resisting
the 100-year flood.