Persons aggrieved by a final order or decision of the Floodplain Administrator may file an administrative appeal with the Board of Appeals in accord with Chapter 20 of the Talbot County Code.
A.
The Talbot County Board of Appeals shall have the power to consider
and authorize or deny variances from the strict application of these
regulation's requirements. A variance shall be approved only if it
is not contrary to the public interest and where, owing to a lot or
parcel's special conditions, a literal enforcement of the provisions
of these regulations, an unnecessary hardship would result.
B.
Upon consideration of these regulations' purposes, the individual
circumstances, and this section's considerations and limitations,
the Board of Appeals may attach such conditions to variances as it
deems necessary to further these regulations' purposes.
C.
The Board of Appeals shall notify, in writing, any applicant to whom
a variance is granted to construct or substantially improve a structure
with its lowest floor below the elevation required by these regulations
that the variance is to the floodplain management requirements of
these regulations only, and that the cost of federal flood insurance
will be commensurate with the increased risk, with rates up to $25
per $100 of insurance coverage.
B.
If the variance application seeks to allow the lowest floor (A Zones)
or bottom of the lowest horizontal structural member (V Zones and
Coastal A Zones) of a structure below the applicable minimum elevation,
the application shall include a statement signed by the owner that,
if granted, the variance conditions shall be recorded in the Talbot
County land records.
The Floodplain Administrator shall request comments on variance
applications from the Maryland Department of the Environment and shall
provide to the Board of Appeals any comments received.
In considering variance applications, the Board of Appeals shall
review the evidence provided and make findings of fact on the following
factors and other factors that the Board finds relevant.
A.
Impact on neighboring properties from storm-driven debris.
B.
Potential increased erosion effects.
C.
Impact of potential flood damage on the proposed development and
its contents (if applicable) and the owner.
D.
Impact on community services.
E.
Potential to locate the development in a less threatened position
on the site.
F.
For waterfront development, whether the proposed development is a
functionally dependent use.
G.
Compatibility of the proposed use with existing and anticipated development.
H.
Relationship to the comprehensive plan and hazard mitigation plan.
I.
Property access during flooding for passenger vehicles and emergency
vehicles.
J.
Floodwater heights, velocity, duration, rate of rise, and sediment
transport and the effects of wave action, if applicable, expected
at the site.
K.
Impacts on government services and infrastructure during and after
flood conditions.
L.
Comments and testimony provided by the Maryland Department of the
Environment and other parties, if any is received.
The Board of Appeals may approve a variance request only upon:
A.
A showing of good and sufficient cause. Good and sufficient cause
deals solely with the physical characteristics of the property and
shall not be based on the character of the improvement, the personal
characteristics of the owner or inhabitants unless granted under the
reasonable accommodation for needs of disabled citizens, or local
provisions that regulate standards other than health and public safety.
B.
A determination that failure to grant the variance would result in
unwarranted hardship due to the property's physical characteristics.
Increased cost or inconvenience in meeting these regulation's requirements
does not constitute an unwarranted hardship to the applicant. An unwarranted
hardship exists if without a variance, an applicant would be denied
reasonable and significant use of the entire parcel or lot for which
the variance is requested.
C.
A determination that the granting of a variance for development within
any designated floodway, or flood hazard area with base flood elevations
but no designated floodway, will not result in increased flood heights
beyond that which is allowed in these regulations.
D.
A determination that the granting of a variance will not result in
additional threats to public safety; extraordinary public expense,
nuisances, fraud or victimization of the public, or conflict with
existing local laws.
E.
A determination that the structure or other development is protected
by methods to minimize flood damages.
F.
A determination that the variance is the minimum necessary to afford
relief, considering the flood hazard.
