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 Council may, upon request, grant relief from the
strict application of the requirements.
Requests for variances shall be processed in the same manner as appeals pursuant to § 63-16 except that an additional thirty (30) days shall be available to the Borough Council for purposes of considering and deciding the matter during which time the Council shall provide an opportunity for the Borough Planning Commission to make an advisory review of the application. The following requirements shall also apply:
No variance shall be granted for any of the requirements pertaining specifically to development regulated or expressly prohibited by § 63-23 or Article VIII, and no variance shall be granted for any construction, development, use or activity within any AE Area that would, together with all other existing and anticipated development, increase the one-hundred-year-flood elevation more than one (1) foot at any point.
In granting and variance, the Borough Council 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 Council. In addition, a report of all variances
granted during the year shall be included in the annual report to the Federal
Insurance Administration or its successor agencies.
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. No variance issued pursuant to this chapter shall
relieve the applicant(s) from any requirement to obtain a permit pursuant
to or variance from the provisions of any other borough ordinance.