[HISTORY: Adopted by the Town Board of the
Town of North Greenbush 3-26-1987 by L.L. No. 2-1987.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Environmental quality review — See Ch. 89.
Freshwater wetlands — See Ch. 103.
Mobile homes and mobile home parks — See Ch. 125.
Sewers and sewage disposal — See Ch. 151.
Subdivision of land — See Ch. 163.
Water — See Ch. 189.
Zoning — See Ch. 197.
[1]
Editor's Note: The attachments originally
accompanying this local law (permit application form and certificate
of compliance) are on file and available for inspection in the office
of the Town Clerk.
The Town Board of the Town of North Greenbush
finds that the potential and/or actual damages from flooding and erosion
may be a problem to the residents of the Town of North Greenbush and
that such damages may include: destruction or loss of private and
public housing, damage to public facilities, both publicly and privately
owned, and injury to and loss of human life. In order to minimize
the threat of such damages and to achieve the purposes and objectives
hereinafter set forth, this chapter is adopted.
It is the purpose of this chapter to promote
the public health, safety and general welfare and to minimize public
and private losses due to flood conditions in specific areas by provisions
designed to:
A.
Regulate uses which are dangerous to health, safety
and property due to water or erosion hazards or which result in damaging
increases in erosion or in flood heights or velocities.
B.
Require that uses vulnerable to floods, including
facilities which serve such uses, be protected against flood damage
at the time of initial construction.
C.
Control the alteration of natural floodplains, stream
channels and natural protective barriers which are involved in the
accommodation of floodwaters.
D.
Control filling, grading, dredging and other development
which may increase erosion or flood damages.
E.
Regulate the construction of flood barriers which
will unnaturally divert floodwaters or which may increase flood hazards
to other lands.
F.
Qualify for and maintain participation in the National
Flood Insurance Program.
The objectives of this chapter are to:
A.
Protect human life and health.
B.
Minimize expenditure of public money for costly flood
control projects.
C.
Minimize the need for rescue and relief efforts associated
with flooding and generally undertaken at the expense of the general
public.
D.
Minimize prolonged business interruptions.
E.
Minimize damage to public facilities and utilities,
such as water and gas mains, electric, telephone, sewer lines, streets
and bridges, located in areas of special flood hazard.
F.
Help maintain a stable tax base by providing for the
sound use and development of areas of special flood hazard so as to
minimize future flood-blight areas.
G.
Provide that developers are notified that property
is in an area of special flood hazard.
H.
Ensure that those who occupy the areas of special
flood hazard assume responsibility for their actions.
A.
Word usage. Unless specifically defined below, words
or phrases used in this chapter shall be interpreted so as to give
them the meanings they have in common usage and to give this chapter
its most reasonable application.
B.
APPEAL
AREA OF SHALLOW FLOODING
AREA OF SPECIAL FLOOD HAZARD
BASE FLOOD
BASEMENT
BREAKAWAY WALL
BUILDING
CELLAR
COASTAL HIGH-HAZARD AREA
DEVELOPMENT
ELEVATED BUILDING
FLOOD or FLOODING
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM)
FLOOD HAZARD BOUNDARY MAP (FHBM)
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY
FLOODPROOFING
FLOODWAY
FLOOR
FUNCTIONALLY DEPENDENT USE
HIGHEST ADJACENT GRADE
LOWEST FLOOR
MANUFACTURED HOME
MEAN SEA LEVEL
MOBILE HOME
NATIONAL GEODETIC VERTICAL DATUM (NGVD)
NEW CONSTRUCTION
ONE-HUNDRED-YEAR FLOOD
PRINCIPALLY ABOVE GROUND
REGULATORY FLOODWAY
SAND DUNES
START OF CONSTRUCTION
STRUCTURE
SUBSTANTIAL IMPROVEMENT
(1)
(2)
VARIANCE
Definitions. As used in this chapter, the following
terms shall have the meanings indicated:
A request for a review of the local administrator's interpretation
of any provision of this chapter or a request for a variance.
A designated AO or VO Zone on a community's Flood Insurance
Rate Map (FIRM) with base flood depths from one to three feet where
a clearly defined channel does not exist, where the path of flooding
is unpredictable and indeterminate and where velocity flow may be
evident.
The land in the floodplain within a community subject to
a one-percent or greater chance of flooding in any given year. This
area may be designated as Zone A, AE, AH, AO, A1 through A99, V, VO,
VE or V1 through V30. It is also commonly referred to as the "base
floodplain" or "one-hundred-year floodplain."
The flood having a one-percent chance of being equaled or
exceeded in any given year.
That portion of a building having its floor subgrade (below
ground level) on all sides.
A wall that is not part of the structural support of the
building and is intended, through its design and construction, to
collapse under specific lateral loading forces without causing damage
to the elevated portion of the building or the supporting foundation
system.
Any structure built for support, shelter or enclosure for
occupancy or storage.
The same meaning as "basement."
The area subject to high-velocity waters, including but not
limited to hurricane wave wash. The area is designated on a FIRM as
Zone V1 through V30, VE, VO or V.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, paving, excavation or drilling operations, located
within the area of special flood hazard.
A nonbasement building built to have the lowest floor elevated
above the ground level by means of fill, solid foundation perimeter
walls, pilings, columns (posts and piers) or shear walls.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
An official map of the community published by the Federal
Emergency Management Agency as part of a riverine community's Flood
Insurance Study. The FBFM delineates a regulatory floodway along watercourses
studied in detail in the Flood Insurance Study.
An official map of a community, issued by the Federal Emergency
Management Agency, where the boundaries of the areas of special flood
hazard have been defined but no water surface elevation is provided.
An official map of a community on which the Federal Emergency
Management Agency has delineated both the areas of special flood hazard
and the risk premium zones applicable to the community.
The official report provided by the Federal Emergency Management
Agency. The report contains flood profiles as well as the Flood Boundary
- Floodway Map and the water surface elevations of the base flood.
Any combination of structural and nonstructural additions,
changes or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
The same meaning as "regulatory floodway."
The top surface of an enclosed area in a building (including
basement), i.e., top of slab in concrete slab construction or top
of wood flooring in wood frame construction.
A use which cannot perform its intended purpose unless it
is located or carried out in close proximity to water, such as a docking
or port facility necessary for the loading and unloading of cargo
or passengers, shipbuilding and ship repair. The term does not include
long-term storage, manufacture, sales or service facilities.
The highest natural elevation of the ground surface, prior
to construction, next to the proposed walls of a structure.
The lowest level, including basement or cellar, of the lowest
enclosed area. An unfinished or flood-resistant enclosure usable solely
for parking of vehicles, building access or storage in an area other
than a basement is not considered a building's "lowest floor," provided
that such enclosure is not built so as to render the structure in
violation of the applicable nonelevation design requirements of this
chapter.
A structure, transportable in one or more sections, which
is built on a permanent chassis and designed to be used with or without
a permanent foundation when connected to the required utilities. The
term also includes park trailers, travel trailers and similar transportable
structures placed on a site for 180 consecutive days or longer and
intended to be improved property.
For purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929 or other datum to
which base flood elevations shown on a community's Flood Insurance
Rate Map are referenced.
The same meaning as "manufactured home."
As corrected in 1929, a vertical control used as a reference
for establishing varying elevations within the floodplain.
Structures for which the start of construction commenced
on or after the effective date of this chapter.
The same meaning as "base flood."
At least 51% of the actual cash value of the structure, excluding
land value, is above ground.
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height as determined by the Federal Emergency Management Agency in a Flood Insurance Study or by other agencies as provided in § 99-12B of this chapter.
Naturally occurring accumulations of sand in ridges or mounds
landward of the beach.
The initiation, excluding planning and design, of any phase
of a project, physical alteration of the property, and shall include
land preparation, such as clearing, grading and filling; installation
of streets and/or walkways; excavation for a basement, footings, piers
or foundations or the erection of temporary forms. It also includes
the placement and/or installation on the property of accessory buildings
(garages, sheds), storage trailers and building materials. For manufactured
homes the "actual start" means affixing of the manufactured home to
its permanent site.
A walled and roofed building, a manufactured home or a gas
or liquid storage tank that is principally above ground.
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either before the improvement or repair is started or, if
the structure has been damaged and is being restored, before the damage
occurred. For the purposes of this definition, "substantial improvement"
is considered to commence when the first alteration of any wall, ceiling,
floor or other structural part of the building commences, whether
or not that alteration affects the external dimensions of the structure.
The term does not, however, include either:
Any project for improvement of a structure to
comply with existing state or local building, fire, health, sanitary
or safety code specifications which is solely necessary to assure
safe living conditions; or
Any alteration of a structure or contributing
structure listed on the National Register of Historic Places or a
State Inventory of Historic Places.
A grant of relief from the requirements of this chapter which
permits construction or use in a manner that would otherwise be prohibited
by this chapter.
This chapter shall apply to all areas of special
flood hazards within the jurisdiction of the Town of North Greenbush.
The areas of special flood hazard are identified
by the Federal Emergency Management Agency in a scientific and engineering
report entitled "The Flood Insurance Study for the Town of North Greenbush,
of Rensselaer County, New York," dated June 16, 1980, with accompanying
Flood Insurance Rate Maps and Flood Boundary - Floodway Maps, which
is hereby adopted and declared to be a part of this chapter. The Flood
Insurance Study and maps are on file at the Town Offices of the Town
of North Greenbush.
This chapter is adopted in response to revisions
to the National Flood Insurance Program effective October 1, 1986,
and shall supersede all previous laws adopted for the purpose of establishing
and maintaining eligibility for flood insurance. In their interpretation
and application, the provisions of this chapter shall be held to be
minimum requirements, adopted for the promotion of the public health,
safety and welfare. Whenever the requirements of this chapter are
at variance with the requirements of any other lawfully adopted rules,
regulations or ordinances, the most restrictive or that imposing the
higher standards shall govern.
No structure shall hereafter be constructed, located, extended, converted or altered and no land shall be excavated or filled without full compliance with the terms of this chapter and any other applicable regulations. Any infraction of the provisions of this chapter by failure to comply with any of its requirements, including infractions of conditions and safeguards established in connection with conditions of the permit, shall constitute a violation. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined no more than $250 or imprisoned for not more than 15 days, or both. Each day of noncompliance shall be considered a separate offense. Nothing herein contained shall prevent the Town of North Greenbush from taking such other lawful action as necessary to prevent or remedy an infraction. Any structure found not compliant with the requirements of this chapter for which the developer and/or owner has not applied for and received an approved variance under §§ 99-16 and 99-17 will be declared noncompliant and notifications sent to the Federal Emergency Management Agency.
The degree of flood protection required by this
chapter is considered reasonable for regulatory purposes and is based
on scientific and engineering considerations. Larger floods can and
will occur on rare occasions. Flood heights may be increased by man-made
or natural causes. This chapter does not imply that land outside the
area of special flood hazards or uses permitted within such areas
will be free from flooding or flood damages. This chapter shall not
create liability on the part of the Town of North Greenbush, any officer
or employee thereof or the Federal Emergency Management Agency for
any flood damages that result from reliance on this chapter or any
administrative decisions lawfully made thereunder.
[Amended 4-13-2006 by L.L. No. 2-2006]
The Building Director or his designee is hereby
appointed local administrator to administer and implement this chapter
by granting or denying development permit applications in accordance
with its provisions.
A development permit shall be obtained before the start of construction or any other development within the area of special flood hazard as established in § 99-6. Application for a development permit shall be made on forms furnished by the local administrator and may include, but not be limited to: plans, in duplicate, drawn to scale and showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities and the location of the foregoing.
A.
Application stage. The following information is required
where applicable:
(1)
The elevation, in relation to mean sea level, of the
proposed lowest floor, including basement or cellar, of all structures.
(2)
The elevation, in relation to mean sea level, to which
any nonresidential structure will be floodproofed.
(3)
When required, a certificate from a licensed professional engineer or architect that the utility floodproofing will meet the criteria in § 99-13C(1).
(4)
A certificate from a licensed professional engineer or architect that the nonresidential floodproofed structure will meet the floodproofing criteria in § 99-14.
(5)
A description of the extent to which any watercourse
will be altered or relocated as a result of proposed development.
B.
Construction stage. Upon placement of the lowest floor
or floodproofing by whatever means, it shall be the duty of the permit
holder to submit to the local administrator a certificate of the elevation
of the lowest floor or floodproofed elevation in relation to mean
sea level. The elevation certificate shall be prepared by or under
the direct supervision of a licensed land surveyor or professional
engineer and certified by same. When floodproofing is utilized for
a particular building, the floodproofing certificate shall be prepared
by or under the direct supervision of a licensed professional engineer
or architect and certified by same. Any further work undertaken prior
to submission and approval of the certification shall be at the permit
holder's risk. The local administrator shall review all data submitted.
Deficiencies detected shall be cause to issue a stop-work order for
the project unless immediately corrected.
Duties of the local administrator shall include,
but not be limited to:
A.
Permit application review. The local administrator
shall:
(1)
Review all development permit applications to determine
that the requirements of this chapter have been satisfied.
(2)
Review all development permit applications to determine
that all necessary permits have been obtained from those federal,
state or local governmental agencies from which prior approval is
required.
(3)
Review all development permit applications to determine
if the proposed development adversely affects the area of special
flood hazard. For the purposes of this chapter, "adversely affects"
means physical damage to adjacent properties. An engineering study
may be required of the applicant for this purpose.
B.
Use of other base flood and floodway data. When base flood elevation data has not been provided in accordance with § 99-6, Basis for establishing areas of special flood hazard, the local administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, including data developed pursuant to § 99-13D(4), in order to administer § 99-14, Specific standards, and § 99-15, Floodways.
C.
Information to be obtained and maintained. The local
administrator shall:
(1)
Obtain and record the actual elevation, in relation
to mean sea level, of the lowest floor, including basement or cellar,
of all new or substantially improved structures, and whether or not
the structure contains a basement or cellar.
(3)
Maintain for public inspection all records pertaining
to the provisions of this chapter, including variances, when granted,
and certificates of compliance.
D.
Alteration of watercourses. The local administrator
shall:
(1)
Notify adjacent communities and the New York State
Department of Environmental Conservation prior to any alteration or
relocation of a watercourse and submit evidence of such notification
to the Regional Director, Federal Emergency Management Agency, Region
II, 26 Federal Plaza, New York, NY 10278.
(2)
Require that maintenance be provided within the altered
or relocated portion of said watercourse so that the flood-carrying
capacity is not diminished.
E.
Interpretation of FIRM boundaries.
(1)
The local administrator shall have the authority to
make interpretations when there appears to be a conflict between the
limits of the federally identified area of special flood hazard and
actual field conditions.
(3)
The local administrator shall use flood information
from any other authoritative source, including historical data, to
establish the limits of the area of special flood hazards when base
flood elevations are not available.
F.
Stop-work orders.
(1)
All floodplain development found ongoing without an approved permit shall be subject to the issuance of a stop-work order by the local administrator. Disregard of a stop-work order shall be subject to the penalties described in § 99-8 of this chapter.
(2)
All floodplain development found noncompliant with the provisions of this chapter and/or the conditions of the approved permit shall be subject to the issuance of a stop-work order by the local administrator. Disregard of a stop-work order shall be subject to the penalties described in § 99-8 of this chapter.
G.
Inspections. The local administrator and/or the developer's
engineer or architect shall make periodic inspections at appropriate
times throughout the period of construction in order to monitor compliance
with permit conditions and enable said inspector to certify that the
development is in compliance with the requirements of either the development
permit or the approved variance.
H.
Certificate of compliance.
(1)
It shall be unlawful to use or occupy or to permit
the use or occupancy of any building or premises, or both, or part
thereof hereafter created, erected, changed, converted or wholly or
partly altered or enlarged in its use or structure until a certificate
of compliance has been issued by the local administrator stating that
the building or land conforms to the requirements of this chapter.
(2)
All other development occurring within the designated
flood hazard area will have, upon completion, a certificate of compliance
issued by the local administrator.
In all areas of special flood hazards, the following
standards are required:
A.
Anchoring.
(1)
All new construction and substantial improvements
shall be anchored to prevent flotations, collapse or lateral movement
of the structure.
(2)
All manufactured homes shall be installed using methods
and practices which minimize flood damage. Manufactured homes must
be elevated and anchored to resist flotation, collapse or lateral
movement. Manufactured homes shall be elevated to or above the base
flood elevation or two feet above the highest adjacent grade when
no base flood elevation has been determined. Methods of anchoring
may include, but are not to be limited to, use of over-the-top or
frame ties to ground anchors. This requirement is in addition to applicable
state and local anchoring requirements for resisting wind forces.
B.
Construction materials and methods.
C.
Utilities.
(1)
Electrical, heating, ventilation, plumbing, air-conditioning
equipment and other service facilities shall be designed and/or located
so as to prevent water from entering or accumulating within the components
during conditions of flooding. When designed for location below the
base flood elevation, a professional engineer's or architect's certification
is required.
(2)
All new and replacement water supply systems shall
be designed to minimize or eliminate infiltration of floodwaters into
the system.
(3)
New and replacement sanitary sewage systems shall
be designed to minimize or eliminate infiltration of floodwaters.
(4)
On-site waste disposal systems shall be located to
avoid impairment to them or contamination from them during flooding.
D.
Subdivision proposals.
(1)
All subdivision proposals shall be consistent with
the need to minimize flood damage.
(2)
All subdivision proposals shall have public utilities
and facilities, such as sewer, gas, electrical and water systems,
located and constructed to minimize flood damage.
(3)
All subdivision proposals shall have adequate drainage
provided to reduce exposure to flood damage.
(4)
Base flood elevation data shall be provided for subdivision
proposals and other proposed developments, including proposals for
manufactured home parks and subdivisions, greater than either 50 lots
or five acres.
E.
Encroachments.
(1)
All proposed development in riverine situations where no flood elevation data is available (unnumbered A Zones) shall be analyzed to determine the effects on the flood-carrying capacity of the area of special flood hazards as set forth in § 99-12A(3). This may require the submission of additional technical data to assist in the determination.
(2)
In all areas of special flood hazard in which base flood elevation data is available pursuant to § 99-12B or Subsection D(4) of this section and no floodway has been determined, the cumulative effects of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than one foot at any point.
In all areas of special flood hazards where base flood elevation data has been provided as set forth in § 99-6, Basis for establishing areas of special flood hazard, and § 99-12B, Use of other base flood and floodway data, the following standards are required:
A.
Residential construction. New construction and substantial
improvements of any residential structure shall:
(1)
Have the lowest floor, including basement or cellar,
elevated to or above the base flood elevation.
(2)
Have fully enclosed areas below the lowest floor that
are subject to flooding designed to automatically equalize hydrostatic
flood forces on exterior walls by allowing for the entry and exit
of floodwaters. Designs for meeting this requirement must either be
certified by a licensed professional engineer or architect or meet
or exceed the following minimum criteria:
(a)
A minimum of two openings having a total net
area of not less than one square inch for every square foot of enclosed
area subject to flooding shall be provided.
(b)
The bottom of all such openings shall be no
higher than one foot above the lowest adjacent finished grade.
(c)
Openings may be equipped with louvers, valves,
screens or other coverings or devices, provided that they permit the
automatic entry and exit of floodwaters.
B.
Nonresidential construction.
(1)
New construction and substantial improvements of any
commercial, industrial or other nonresidential structure, together
with attendant utility and sanitary facilities, shall either have
the lowest floor, including basement or cellar, elevated to or above
the base flood elevation or be floodproofed so that the structure
is watertight below the base flood level with walls substantially
impermeable to the passage of water. All structural components located
below the base flood level must be capable of resisting hydrostatic
and hydrodynamic loads and the effects of buoyancy.
(a)
If the structure is to be elevated, fully enclosed
areas below the base flood elevation shall be designed to automatically
(without human intervention) allow for the entry and exit of floodwaters
for the purpose of equalizing hydrostatic flood forces on exterior
walls. Designs for meeting this requirement must either be certified
by a licensed professional engineer or a licensed architect or meet
the following criteria:
[1]
A minimum of two openings having a total net
area of not less than one square inch for every square foot of enclosed
area subject to flooding shall be provided.
[2]
The bottom of all such openings shall be no
higher than one foot above the lowest adjacent finished grade.
[3]
Openings may be equipped with louvers, valves,
screens or other coverings or devices, provided that they permit the
automatic entry and exit of floodwaters.
(b)
If the structure is to be floodproofed:
[1]
A licensed professional engineer or architect
shall develop and/or review structural design, specifications and
plans for the construction and shall certify that the design and methods
of construction are in accordance with accepted standards of practice
to make the structure watertight with walls substantially impermeable
to the passage of water, with structural components having the capability
of resisting hydrostatic and hydrodynamic loads and effects of buoyancy;
and
[2]
A licensed professional engineer or licensed
land surveyor shall certify the specific elevation, in relation to
mean sea level, to which the structure is floodproofed.
(2)
The local administrator shall maintain on record a
copy of all such certificates noted in this section.
C.
Construction standards for areas of special flood hazard without base flood elevations. New construction or substantial improvements of structures, including manufactured homes, shall have the lowest floor, including basement, elevated to or above the base flood elevation as may be determined in § 99-12B or two feet above the highest adjacent grade where no elevation data is available.
(1)
New construction or substantial improvements of structures,
including manufactured homes, shall have the lowest floor, including
basement, elevated at least two feet above the highest adjacent grade
next to the proposed foundation of the structure.
(2)
Fully enclosed areas below the lowest floor that are
subject to flooding shall be designed to automatically (without human
intervention) allow for the entry and exit of floodwaters for the
purpose of equalizing hydrostatic flood forces on exterior walls.
Designs for meeting this requirement must either be certified by a
licensed professional engineer or a licensed architect or meet the
following criteria:
(a)
A minimum of two openings having a total net
area of not less than one square inch for every square foot of enclosed
area subject to flooding shall be provided.
(b)
The bottom of all such openings shall be no
higher than one foot above the lowest adjacent finished grade.
(c)
Openings may be equipped with louvers, valves,
screens or other coverings or openings, provided that they permit
the automatic entry and exit of floodwaters.
Located within areas of special flood hazard are areas designated as floodways (see definition of "floodway" in § 99-4). The floodway is an extremely hazardous area due to high-velocity floodwaters carrying debris and posing additional threats from potential erosion forces. When floodway data is available for a particular site as provided by §§ 99-6 and 99-12B, all encroachments, including fill, new construction, substantial improvements and other development, are prohibited within the limits of the floodway unless a technical evaluation demonstrates that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
A.
The Zoning Board of Appeals as established by the
Town of North Greenbush shall hear and decide appeals and requests
for variances from the requirements of this chapter.
B.
The Zoning Board of Appeals shall hear and decide
appeals when it is alleged 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 all technical evaluations, all relevant
factors, 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 to 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 safety 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 and the effects
of wave action, if applicable, 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 D 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 records of
all appeal actions, including technical information, and report any
variances to the Federal Emergency Management Agency upon request.
A.
Generally, variances may be issued for new construction and substantial improvement to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that § 99-16D(1) through (12) has been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
B.
Variances may be issued for the reconstruction, rehabilitation
or restoration of structures and contributing structures listed on
the National Register of Historic Places or the State Inventory of
Historic Places without regard to the contributing structures procedures
set forth in the remainder of this section.
C.
Variances may be issued by a community for new construction
and substantial improvements and for other development necessary for
the conduct of a functionally dependent use, provided that:
D.
Variances shall not be issued within any designated
floodway if any increase in flood levels during the base flood discharge
would result.
E.
Variances shall only be issued upon a determination
that the variance is the minimum necessary, considering the flood
hazard, to afford relief.
F.
Variances shall only be issued upon receiving written
justification:
(1)
A showing of good and sufficient cause;
(2)
A determination that failure to grant the variance
would result in exceptional hardship to the applicant; and
(3)
A determination that the granting of a variance will
not result in increased flood heights, additional threats to public
safety, extraordinary public expense, create nuisances, cause fraud
on or victimization of the public or conflict with existing local
laws or ordinances.
G.
Any applicant to whom a variance is granted for a
building with the lowest floor below the base flood elevation shall
be given written notice that the cost of flood insurance will be commensurate
with the increased risk resulting from such lowest floor elevation.
