[Amended 12-11-2007 by L.L. No. 19-2007]
A. The Zoning Board of Appeals of the Village of Rye
Brook Board shall hear and decide appeals and requests for variances
from the requirements of this chapter.
B. The Zoning Board of Appeals of the Village of Rye
Brook shall hear and decide appeals when it is alleged that there
is an error in any requirement, decision or determination made by
the local administrator in the enforcement or administration of this
chapter.
C. Those aggrieved by the decision of the Zoning Board
of Appeals may appeal such decision to the Supreme Court pursuant
to Article 78 of the Civil Practice Law and Rules.
D. In passing upon such applications, the Zoning Board
of Appeals shall consider, including, but not limited to, all technical
evaluations, all relevant factors, and standards specified in other
sections of this chapter and:
(1) The danger that materials may be swept onto other
lands to the injury of others.
(2) The danger of life and property due to flooding or
erosion damage.
(3) The susceptibility of the proposed facility and its
contents to flood damage and the effect of such damage on the individual
owner.
(4) The importance of the services provided by the proposed
facility to the community.
(5) The necessity to the facility of a waterfront location,
where applicable.
(6) The availability of alternative locations for the
proposed use which are not subject to flooding or erosion damage.
(7) The compatibility of the proposed use with existing
and anticipated development.
(8) The relationship of the proposed use to the Comprehensive
Plan and floodplain management program of that area.
(9) The safe of access to the property in times of flood
for ordinary and emergency vehicles.
(10)
The costs to local governments and the dangers
associated with conducting search and rescue operations during periods
of flooding.
(11)
The expected heights, velocity, duration, rate
of rise and sediment transport of the floodwaters expected at the
site.
(12)
The costs of providing governmental services
during and after flood conditions, including search and rescue operations,
maintenance and repair of public utilities and facilities such as
sewer, gas, electrical and water systems and streets and bridges.
E. Upon consideration of the factors of Subsection
C and the purposes of this chapter, the Zoning Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
F. The local administrator shall maintain the records
of all appeal actions, including technical information, and report
any variances to the Federal Emergency Management Agency upon request.