[Amended 9-26-1989 by L.L. No. 3-1989]
A. The Board of Appeals, as established by the Town Board
of the Town of Williamson, shall hear and decide appeals and requests
for variances from the requirements of this chapter.
B. The 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 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 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
and maintenance and repair of public utilities, such as sewer, gas,
electrical and water systems, and streets and bridges.
E. Upon consideration of the factors of §
92-33D and the purposes of this chapter, the 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.