A.
The Planning Board, as established by the Town Board, shall hear
and decide approvals and requests for variances from the requirements
of this chapter.
B.
The Planning Board 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 Planning Board 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 Planning Board 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; and
(12)
The costs of providing governmental services during and after
flood conditions, including search-and-rescue operations and 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 Planning Board 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 the items in § 101-16D(1) through (12) have 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; and
(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.[1]
[1]
Editor's Note: Attachment A, Flood Hazard Area Development
Permit Application Form, and Attachment B, Certificate of Compliance,
which were included at the end of this local law, are on file in the
Town offices.
