(a) If compliance with the elevation or floodproofing requirements stated above would result in an exceptional hardship for a prospective builder, developer or landowner, the township may, upon request, grant relief from the strict application of the requirements of this chapter.
(b) Requests for variances from the strict application of the provisions of this chapter may be granted by the township in accordance with the following procedures and criteria.
(1) No variance shall be granted for any construction, development, use or activity within any designated Floodway (FW) District that would cause any increase in the 100-year elevation.
(2) If granted, a variance shall involve only the least modification necessary to provide relief.
(3) In granting any variance, the township may 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 township shall notify the applicant in writing that:
A. The granting of the variance may result in increased premium rates for flood insurance; and
B. Such variance may increase the risks to life and property.
(5) In reviewing any request for a variance, the township shall consider, inter alia, the following:
A. There is good and sufficient cause;
B. Failure to grant the variance would result in exceptional hardship to the applicant; and
C. The granting of the variance will not result in any unacceptable or prohibited increase in flood heights, additional threats to public safety or extraordinary public expense, or create nuisances, cause fraud on or victimization of the public or conflict with any other applicable local or state law or regulation.
(6) A complete record of all variance requests and related actions shall be maintained by the township. In addition, a report of all variances granted during the year shall be included in the annual report to the Federal Insurance Administration.
(c) Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the hydrostatic and hydrodynamic loads and pressures and the effects of buoyancy of the 100-year flood.
(Ord. 529, passed 7-15-1981)