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 Upper Burrell may, upon request, grant
relief from the strict application of the requirements.
A.
Requests for variances shall be considered by the Township of Upper Burrell in accordance with the procedures contained in § 165-16 and the following:
(1)
No variance shall be granted for any construction, development, use,
or activity within any floodway area that would cause any increase
in the BFE.
(2)
No variance shall be granted for any construction, development, use,
or activity within any special floodplain area that would, together
with all other existing and anticipated development, increase the
BFE more than one foot at any point.
(3)
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 Article VI, Activities Requiring Special Permits, or to § 165-24, Development which may endanger human life.
(4)
If granted, a variance shall involve only the least modification
necessary to provide relief.
(5)
In granting any variance, the Township of Upper Burrell 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.
C.
D.
A complete record of all variance requests and related actions shall
be maintained by the Township of Upper Burrell. In addition, a report
of all variances granted during the year shall be included in the
annual report to the FEMA.
E.
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.