1466.30  VARIANCES.
   (a)   If compliance with the elevation or floodproofing requirements of the chapter 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 requirement.
   (b)   Request for variances shall be considered by the Township in accordance with the procedures contained in Section 1466.18 and the following procedures:
      (1)   If granted, a variance shall involve only the least modification necessary to provide relief
      (2)   In granting any variance, the Township may attach whatever reasonable condition and safeguards it considers necessary in order to protect the public health, safety and welfare, and to achieve the objectives of this chapter.
      (3)   Whenever a variance is granted, the Township shall notify the applicant in writing that:
         A.   The granting of a variance may result in increased premium rates for flood insurance.
         B.   Such variances may increase the risks to life and property.
      (4)   In review any request for a variance, the Township shall consider, but not be limited to, the following:
         A.   That there is good and sufficient cause;
         B.   That failure to grant the variance would result in exceptional hardship to the applicant;
         C.   That the granting of the variance will not result in an 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.
      (5)     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 Emergency Management Agency.
   (c)   Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the 100-year flood.
(Ord. 79-6. Passed 8-20-79.)
   (d)   No variance shall be granted for any construction, development, use or activity within any floodway area that would cause any increase in the 100-year flood elevation.
(Ord. 92-17. Passed 12-21-92; Ord. 2009-04. Passed 10-19-09.)