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 Plymouth may, upon request, grant relief
from the strict application of the requirements.
Requests for variances shall be considered by the Borough of Plymouth in accordance with the procedures contained in §
113-310 and the following:
A. No variance 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 variance 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 variance shall be granted for any of the other requirements pertaining specifically to development regulated by special permit (Article
VI) or to development which may endanger human life (§
113-504).
D. If granted, a variance shall involve only the least modification
necessary to provide relief.
E. In granting any variance, the Borough of Plymouth 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 Borough of Plymouth 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 Borough of Plymouth
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 Borough of Plymouth. In addition, a report of
all variances 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 1% annual chance flood.
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