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 may, upon request, grant relief from the
strict application of the requirements.
No variance shall be granted for any construction, development, use,
or activity within any floodway area that would cause any increase
in the one-hundred-year flood elevation.
No variance shall be granted for any construction, development, use,
or activity within any FE area that would, together with all other
existing and anticipated development, increase the one-hundred-year
flood elevation more than one foot at any point.
Except for a possible modification of the 1 1/2 foot 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 § 274-26, Development which may endanger human life.
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 chapter.
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 Emergency Management Agency.
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.