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 of Chester Heights may, upon request, grant
relief from the strict application of the requirements.
A.Â
Requests for variances shall be considered by the Chester Heights Zoning Hearing Board on behalf of the Chester Heights Borough Council in accordance with the procedures contained in § 99-15 and the following:
(1)Â
No variance shall be granted for any construction, development, use,
or activity within any Floodway Area/District that would cause any
increase in the BFE.
(2)Â
No variance shall be granted for any construction, development, use,
or activity within any AE Area/District without floodway that would,
together with all other existing and anticipated development, increase
the BFE more than one foot at any point.
(4)Â
If granted, a variance shall involve only the least modification
necessary to provide relief.
(5)Â
In granting any variance, the Borough of Chester Heights 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.
(7)Â
In reviewing any request for a variance, the Borough of Chester Heights
shall consider, at a minimum, the following:
(8)Â
A complete record of all variance requests and related actions shall
be maintained by the Borough of Chester Heights. In addition, a report
of all variances granted during the year shall be included in the
annual report to FEMA.
B.Â
Notwithstanding any of the above, however, all structures shall be
designed and constructed so as to have the capability of resisting
the one-percent-annual-chance flood.