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.
Notwithstanding the provisions of this article, no
variance shall be granted for the following obstructions and activities
if located entirely or partially within an identified floodplain area:
Any new or substantially improved structure
which will be used for the production or storage of any of the following
dangerous materials or substances or which will be used for any activity
requiring the maintenance of a supply (more than 550 gallons or other
comparable volume or any amount of radioactive substances) of any
of the following dangerous materials or substances on the premises:
If granted, a variance shall involve only the least
modification necessary to provide relief. If it should become necessary
to grant any variance, the applicant shall be required to comply with
all applicable requirements of the National Flood Insurance Program
Regulations [Sections 60.3(c) and 60.6(a)]. The applicant must also
comply with any other requirements considered necessary by the Borough.
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.
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.[1]
[1]:
Editor's Note: Amended at time of adoption of Code (see Ch.
1, General Provisions, Art. I).
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.
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.