B.
The Inland Wetlands Commission shall hear and decide
appeals when it is alleged there is an error in any requirement, decision
or determination made by the Town Planner in the enforcement or administration
of this chapter.
C.
Any person aggrieved by the decision of the Inland Wetlands
Commission or any person owning land which abuts or is within a radius of
100 feet of the land in question may appeal within 15 days after such decision
to the State Superior Court of the Tolland Judicial District, as provided
in Section 8-8 of the General Statutes.
A.
Buildings on an historic register. Variances may be issued for the reconstruction rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in the remainder of this section, except for § 88-22C, and provided that the proposed reconstruction, rehabilitation or restoration will not result in the structure losing its historical character.
B.
Preexisting small lot location. Variances may be issued by a community for new construction and substantial improvements 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, in conformance with§ 88-22C.
C.
Functional dependent uses. Variances may be issued for new construction and substantial improvement and other development necessary for the conduct of a functionally dependent use, provided that the structure or other development is protected by methods that minimize flood damage, create no additional threat to public safety and meet the requirements of § 88-22C.
D.
Floodway prohibition. Variances shall not be issued within
any designated floodway if any increase in flood levels during the base flood
discharge would result.
A.
In passing upon such applications, the Inland Wetlands
Commission shall consider all technical evaluations, all relevant factors,
all 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 of the facility to waterfront location,
in the case of a functionally dependent facility.
(6)
The availability of alternative locations, not subject
to flooding or erosion damage, for the proposed use.
(7)
The compatability of the proposed use with existing and
anticipated development.
(8)
The relationship of the proposed use to the Comprehensive
Plan and floodplain management program for that area.
(9)
The safety of access to the property in times of flood
for ordinary and emergency vehicles.
(10)
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.
(11)
The costs of providing governmental services during and
after flood conditions, including maintenance and repair of public utilities
and facilities such as sewer, gas, electrical and water systems and streets
and bridges.
B.
Upon consideration of the factors listed above and the
purposes of this chapter, the Inland Wetlands Commission may attach such conditions
to the granting of variances as it deems necessary to further the purposes
of this chapter.
C.
Conditions for variances.
(1)
Variances shall only be issued upon a determination that
the variance is the minimum necessary, considering the flood hazard, to afford
relief; and in the instance of a historical building, a determination that
the variance is the minimum necessary as not to destroy the historic character
and design of the building.
(2)
Variances shall only be issued upon:
(a)
A showing of good and sufficient cause;
(b)
A determination that failure to grant the variance would
result in exceptional hardship; and
(c)
A determination that the granting of a variance will
not result in increased flood heights or additional threats to public safety
or extraordinary public expense, create nuisance, cause fraud on or victimization
of the public or conflict with existing local laws or ordinances.
(3)
Any applicant to whom a variance is granted shall be
given written notice specifying the difference between the base flood elevation
and the elevation to which the structure is to be built and stating that the
cost of flood insurance will be commensurate with the increased risk resulting
from the reduced lowest floor elevation up to amounts as high as $25 for $100
of insurance coverage.
(4)
The Town Planner shall maintain the records of all appeal
actions and report any variances to the Federal Emergency Management Agency
upon request.
A violation of the provisions of this chapter or failure to comply with
any of its requirements, including violation of conditions and safeguards
established in connection with grants of variance or special exceptions, shall
constitute an offense. Any person who violates this chapter or fails to comply
with any of its requirements shall, upon conviction thereof, be fined not
more than $90 for each day of violation. Nothing herein contained shall prevent
the Town of Tolland from taking such other lawful action as is necessary to
prevent or remedy any violation.
