If compliance with any of the requirements of this chapter would
result in an exceptional hardship to a prospective builder, developer
or landowner, Stockertown Borough may, upon request, grant relief
from the strict application of the requirements.
Requests for variances shall be considered by Stockertown Borough
in accordance with the procedures contained in § 112-17
and the following:
A. No variance shall be granted for any construction, development, use,
or activity within any floodway area that would cause any increase
in the one-hundred-year flood elevation.
B. No variance shall be granted for any construction, development, use,
or activity within any FE area that would, together with all other
existing and anticipated development, increase the one-hundred-year
flood elevation more than one foot at any point.
C. Except for a possible modification of the one-and-one-half-foot freeboard
requirement involved, no variance will be granted which would allow
the prohibited activities to be located within any identified floodplain
area.
D. If granted, a variance shall involve only the least modification
necessary to provide relief.
E. In granting any variance, Stockertown Borough 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 variance is granted, Stockertown Borough shall notify
the applicant, in writing, that:
(1) The granting of the variance may result in increased premium rates
for flood insurance.
(2) Such variances may increase the risks to life and property.
G. In reviewing any request for a variance, Stockertown Borough shall
consider, at a minimum, 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.
(3) That the granting of the variance will:
(a) Neither result in an unacceptable or prohibited increase in flood
heights, additional threats to public safety, or extraordinary public
expense;
(b) Nor 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 variance requests and related actions shall
be maintained by Stockertown Borough. In addition, a report of all
variances granted during the year shall be included in the annual
report to the Federal Insurance Administration.
I. Notwithstanding any of the above, however, all structures shall be
designed and constructed so as to have the capability of resisting
the one-hundred-year flood.
