[HISTORY: Adopted by the Town Board of the Town of Stockport 8-2-1989 by L.L. No.
3-1989. Amendments noted where applicable.]
The Town Board of the Town of Stockport finds that the potential
and/or actual damages from flooding and erosion may be a problem to
the residents of the Town of Stockport 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.
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
DEVELOPMENT
ELEVATED BUILDING
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM)
FLOOD HAZARD BOUNDARY MAP (FHBM)
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY
FLOOD or FLOODING
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
START OF CONSTRUCTION
STRUCTURE
SUBSTANTIAL IMPROVEMENT
(1)
(2)
(a)
(b)
VARIANCE
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 foot 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, A1-99, V, VO, VE, or
VI-30. 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."[1]
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.
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 data 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
and Floodway Map and the water surface elevations of the base flood.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
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., the top of a slab in concrete slab construction or
the 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 or cellar, 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 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 § 68-12B of this chapter.[2]
The initiation, excluding planning and design, of any phase
of a project or 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.
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,
excluding land values, either:
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 are 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.
[1]
Editor's Note: The former definition of "coastal high
hazard area," which immediately followed this definition, was repealed
8-5-1998 by L.L. No. 1-1998.
[2]
Editor's Note: The former definition of "sand dunes,"
which immediately followed this definition, was repealed 8-5-1998
by L.L. No. 1-1998.
This chapter shall apply to all areas of special flood hazard
within the jurisdiction of the Town of Stockport.
The areas of special flood hazard have been identified by the
Federal Emergency Management Agency in a scientific and engineering
report entitled "Flood Insurance Study, Town of Stockport, New York,
Columbia County," dated June 19, 1982, with Flood Insurance Rate Maps
enumerated on Map Index No. 361322 0005-0010, dated January 19, 1983,
and with accompanying Flood Boundary and Floodway Maps enumerated
on Map Index No. 361322 0001-0010, dated January 19, 1983. The above
documents are hereby adopted and declared to be a part of this chapter
and are filed at the Town Hall, Atlantic Avenue, Stottville, New York.
A.
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.
B.
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 Stockport 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 §§ 68-16 and 68-17 will be declared noncompliant and notification 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 areas of special
flood hazard 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 Stockport, any officer of employee thereof
or the Federal Emergency Management Agency for any flood damages that
result from reliance on this chapter or any administrative decision
lawfully made thereunder.
The Building Inspector 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 § 68-6. 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.
The following information is required where applicable:
(1)
Elevation in relation to mean sea level of the proposed lowest floor
(including basement or cellar) of all structures.
(2)
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 § 68-13C(1).
(4)
A certificate from a licensed professional engineer or architect that the nonresidential floodproofed structure will meet the floodproofing criteria in § 68-14B.
(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 as-built 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 the 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 the same. Any further work
undertaken prior to submission and approval of the certificate 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. A hydraulic 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 § 68-6, 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 § 68-13D(4) in order to administer § 68-14, Specific standards, and § 68-15, 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, New York 10278.
(2)
Require that maintenance is provided within the altered or relocated
portion of said watercourse so that the flood-carrying capacity is
not diminished.
E.
Interpretation of FHBM, FIRM or FBFM 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 areas of special flood hazard when base flood elevations
are not available.
F.
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 this chapter.
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 either the development permit or the
approved variance.
(2)
All other development occurring within the area of special flood
hazard will have upon completion a certificate of compliance issued
by the local administrator.
In all areas of special flood hazard, the following standards
are required:
A.
Anchoring.
(1)
All new construction and substantial improvements shall be anchored
to prevent flotation, 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. 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 areas of special flood hazard set forth in § 68-12A(3), Permit application review. 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 § 68-12B or Subsection D 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 hazard where base flood elevation data has been provided as set forth in § 68-6, Basis for establishing areas of special flood hazard, and § 68-12B, Use of other base flood and floodway data, the following standards are required:
A.
Residential construction. New construction and substantial improvements
of any resident 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 to the base flood level.
(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.
(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 devices, 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, § 68-4B). 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 §§ 68-6 and 68-12B, 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 Board, shall
hear and decide 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 the 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 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, provided that § 68-16D 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 procedures set forth in this chapter.
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
of:
(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.
(3)
A determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety or 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.
