Requests for variances and/or special exceptions in the floodplain districts shall be considered by the Zoning Hearing Board in accordance with the following procedures:
(a) 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 flood elevation.
(b) If granted, a variance shall involve only the least modification necessary to provide relief.
(c) In granting any variance, the Zoning Hearing Board 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 Zoning Ordinance.
(d) Whenever a variance is granted, the Zoning Hearing Board shall notify the applicant in writing that:
(1) The granting of the variance may result in increased premium rates for flood insurance; and
(2) Such variances may increase the risks to life and property.
(e) In reviewing any request for a variance, the Zoning Hearing Board shall consider, but not be limited to the following:
(1) That there is good and sufficient cause;
(2) That failure to grant the variance would result in exceptional hardship to the applicant; and
(3) That the granting of the variance will not result in any unacceptable or prohibited increase in flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimize the public or conflict with any other applicable local or state ordinances and regulations.
(f) A complete record of all variance requests and related actions shall be maintained by the Borough. In addition, a report of all variances granted during the year shall be included in the annual report to the Federal Insurance Administration. 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 effects of buoyancy of the 100 year flood.
(Ord. 2717. Passed 2-10-86.)