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.
A. 
Requests for variances shall be considered by the Council in accordance with the procedures contained in § 132-15 and the following:
(1) 
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:
(a) 
Hospitals (public or private).
(b) 
Nursing homes (public or private).
(c) 
Jails or prisons.
(d) 
New mobile home parks and mobile home subdivisions and substantial improvements to existing mobile home parks.
(e) 
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:
[1] 
Acetone.
[2] 
Ammonia.
[3] 
Benzene.
[4] 
Calcium carbide.
[5] 
Carbon disulfide.
[6] 
Celluloid.
[7] 
Chlorine.
[8] 
Hydrochloric acid.
[9] 
Hydrocyanic acid.
[10] 
Magnesium.
[11] 
Nitric acid and oxides of nitrogen.
[12] 
Petroleum products (gasoline, fuel oil, etc.).
[13] 
Phosphorus.
[14] 
Potassium.
[15] 
Sodium.
[16] 
Sulphur and sulphur products.
[17] 
Pesticides (including insecticides, fungicides, and rodenticides).
[18] 
Radioactive substances, insofar as such substances are not otherwise regulated.
(2) 
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.
[Amended 4-26-1989 by Ord. No. 350]
(3) 
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.
(4) 
Whenever a variance is granted, the Borough shall notify the applicant, in writing, that:
(a) 
The granting of the variance may result in increased premium rates for flood insurance.
(b) 
Such variances may increase the risks to life and property.
(5) 
In reviewing any request for a variance, the Council shall consider, at a minimum, the following:
(a) 
That there is good and sufficient cause.
(b) 
That failure to grant the variance would result in exceptional hardship to the applicant.
(c) 
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).
(6) 
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.
B. 
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.