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[Ord. 1061, 8/13/2014]
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 may, upon request, grant relief from the strict application of the requirements.
[Ord. 1061, 8/13/2014]
1. 
Requests for floodplain variances shall be considered by the Borough in accordance with the procedures contained in § 8-311 and the following:
A. 
No floodplain variance shall be granted within any identified floodplain area that would cause any increase in BFE. In an A Area/District, BFEs are determined using the methodology in § 8-402, Subsection 1C.
B. 
Except for a possible modification of the regulatory flood elevation requirement involved, no floodplain variance shall be granted for any of the other requirements pertaining specifically to development which may endanger human life (§ 8-504).
C. 
No variance shall be granted for manufactured homes (§ 8-506), recreational vehicles (§ 8-507), and prohibited activities (Part 6).
D. 
If granted, a floodplain variance shall involve only the least modification necessary to provide relief.
E. 
In granting any floodplain 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.
F. 
Whenever a floodplain variance is granted, the Zoning Hearing Board shall notify the applicant, in writing, that:
(1) 
The granting of the floodplain variance may result in increased premium rates for flood insurance.
(2) 
Such floodplain variances may increase the risks to life and property.
G. 
In reviewing any request for a floodplain variance, the Zoning Hearing Board shall consider, at a minimum, the following:
(1) 
That there is good and sufficient cause.
(2) 
That failure to grant the floodplain variance would result in exceptional hardship to the applicant.
(3) 
That the granting of the floodplain variance will neither:
(a) 
Result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, or extraordinary public expense; nor
(b) 
Create nuisances, cause fraud on, or victimize the public or conflict with any other applicable state or local ordinances and regulations.
H. 
A complete record of all floodplain variance requests and related actions shall be maintained by the Borough. In addition, a report of all floodplain variances granted during the year shall be included in the annual report to FEMA.
I. 
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.