A. 
The Zoning Board of Appeals as established by the Town of Plainville shall hear and decide appeals and 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 Town Engineer or Building Official in the enforcement or administration of this chapter.
[Amended 10-7-2019]
Any person aggrieved by the decision of the Zoning Board of Appeals 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 Judicial District of New Britain at New Britain, as provided in § 8-8 of the General Statutes. The Town Engineer shall maintain the records of all appeals and report any variances to the Federal Emergency Agency (FEMA).
A. 
Buildings on 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 article, except for § 225-25C(1) to (4), and provided the proposed reconstruction, rehabilitation or restoration will not result in the structure losing its historical designation.
[Amended 10-7-2019]
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 § 225-25C(1) to (4).
C. 
Functionally 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, creates no additional threat to public safety and meets the requirements of § 225-25C(1) to (4).
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.
[Amended 10-7-2019]
A. 
In passing upon such applications, the Zoning Board of Appeals shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this chapter. Technical evaluations, relevant factors and standards shall include the following:
(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 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 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 floodwaters and the effects of wave action, if applicable, expected at the site; and
(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 Zoning Board of Appeals 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 be issued only 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 so as to not destroy the historic character and design of the building.
(2) 
Variances shall be issued only upon a showing of good and sufficient cause, a determination that failure to grant the variance will result in exceptional hardship, and 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 a 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.
(4) 
The Building Official shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request.
[Added 10-7-2019]
A. 
Each flood permit shall authorize as a condition of approval, the Town Engineer or their designated agent to make regular inspections of the subject property. The Town Engineer or their designated agent is also authorized to inspect any property in a SFHA where it appears a violation(s) to these regulations is occurring.
B. 
If the Town Engineer finds any individual or entity undertaking any construction, substantial improvement, filling or any other activity or maintaining a condition which is in violation of these regulations, the Town Engineer shall:
(1) 
Issue a written order by certified mail return receipt requested to the subject owner ordering the activity to cease and ordering the property owner to obtain a flood permit prior to continuing with the activity or if appropriate ordering all violations and or obstructions be removed from the SFHA immediately;
(2) 
Notify the Building Official and request that any building permit(s) in force be revoked or suspended and that a stop work order be issued;
(3) 
The Town Engineer may suspend or revoke a flood permit if it is found that the applicant has not complied with the terms, conditions, or limitations set forth in the permit or had exceeded the scope of the work set forth in the application. Prior to revoking any permit, the Town Engineer shall issue a notice to the permittee personally or by certified mail receipt return requested setting forth the facts or conduct which warrants the intended actions.
C. 
Failure to comply with any written order issued under this section shall be considered a violation of these regulations and is subject to the penalties described in § 225-27.
D. 
In the event the violations and or obstructions are not promptly addressed, the Town Engineer may correct the violations utilizing any necessary means and place a lien against the property.
E. 
Any person subjected to an enforcement action pursuant to this regulation may appeal any decision or determination of the Town Engineer to the Zoning Board of Appeals in accordance with the procedures set forth in this regulation, (Article VII, Variance and Appeals; Enforcement). Such person shall provide such information as necessary including appropriate certifications from registered professional engineers or architects in order to substantiate the claim(s) that the requirement(s), decision(s), or determination(s) of the Town Engineer was in error or unwarranted.
[Amended 10-7-2019]
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 variances or special exceptions, shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $250 per day if proven done willfully and $100 per day if not, or imprisoned for not more than 10 days for each day of violation, or both, and, in addition, shall pay all costs and reasonable legal fees involved in the case. Nothing herein contained shall prevent the Town of Plainville from taking such other lawful action as is necessary to prevent or remedy any violation.