If compliance with any of the requirements of this chapter would
result in an exceptional hardship to a prospective builder, developer
or landowner, the Township of Bristol may, upon request, grant relief
from the strict application of the requirements.
Requests for variances shall be considered by the Township of Bristol in accordance with the procedures contained in §
68-17 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 (§
68-26).
D. If granted,
a variance shall involve only the least modification necessary to
provide relief.
E. In granting
any variance, the Township of Bristol 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 Township of Bristol 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 Township of Bristol 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 Township of Bristol. 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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