If strict compliance with any of the requirements of this chapter
would result in an exceptional hardship to a builder, developer or
landowner, application may be made to the Zoning Hearing Board for
variance relief from the strict application of said requirements.
Applications for such relief shall be filed at the Township municipal
building on the form provided by the Township and accompanied by the
appropriate fee for the filing of appeals to the Zoning Hearing Board
as may be set forth from time to time by the Lower Mount Bethel Township
Board of Supervisors.
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.
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.
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 special permit (Part 6) or to development which may endanger human life (§ 8-504).
In granting any variance, the Zoning Hearing Board 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.
Whenever a variance is granted, the Township of Lower Mount Bethel
shall notify the applicant in writing that: any grant of variance
relief from the provisions of this chapter may result in increased
premium rates for flood insurance and/or may increase the risks of
injury to life and property.
In reviewing any request for a variance, the Zoning Hearing Board
shall consider, at a minimum in addition to the variance standards
set forth in the Municipalities Planning Code,[1] the following:
A complete record of all variance requests and related actions shall
be maintained by Lower Mount Bethel Township. In addition, a report
of all variances granted during the year shall be included in the
annual report to the FEMA.
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.