A.
The Township Committee of the Township of Montville
shall hear and decide appeals and requests for variances from the
requirements of this chapter.
B.
The Township Committee shall hear and decide appeals
when it is alleged there is an error in any requirement, decision
or determination made by the Planning Board in the enforcement or
administration of this chapter.
C.
Those aggrieved by the decision of the Township Committee,
or any taxpayer, may appeal such decision to a court of competent
jurisdiction.
D.
In passing upon such applications, the Township Committee
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 federal, state,
county or local comprehensive plans of 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 cost 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.
E.
Upon consideration of the factors of § 200-16D and the purposes of this chapter, the Township Committee may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
F.
The Planning Board shall maintain the records of all
appeal actions, including technical information, and report any variances
to the Federal Insurance Administration upon request.
A.
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.
B.
Variances shall not be issued within any designated
floodway.
C.
Variances shall only be issued upon a determination
that the variance is the minimum necessary, considering the flood
hazard, to afford relief.
D.
Variances shall only be issued upon:
(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 as identified in § 200-16D or conflict with existing local laws or ordinances.
E.
Any applicant to whom a variance is granted shall
be given written notice that the structure will be permitted to be
built with a lowest floor elevation below the base flood elevation
and that the cost of flood insurance will be commensurate with the
increased risk resulting from the reduced lowest floor elevation.
