The Inland Wetlands Commission as established by the Town of Putnam shall hear and decide appeals and requests for variances from the requirements of this chapter.
A. 
The Inland Wetlands Commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Building Official in the enforcement or administration of this chapter.
B. 
Any person aggrieved by the decision of the Inland Wetlands Commission 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 as provided in § 8-8 of the Connecticut General Statutes.
A. 
Buildings on an 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 section, except for § 211-23C, and provided the proposed reconstruction, rehabilitation, or restoration will not result in the structure losing its historical character.
B. 
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 the structure or other development is protected by methods that minimize flood damage, create no additional threat to public safety and meet the requirements of § 211-23C.
C. 
Floodway prohibition. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
A. 
In passing upon such applications, the Inland Wetlands Commission shall consider all technical evaluations, all relevant factors, all 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, 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 the floodwaters, and the effects of wave action, if applicable, expected at the site; and
(11) 
The cost 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 Inland Wetlands Commission shall 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 only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; and in the instance of an historical building, a determination that the variance is the minimum necessary so as not to destroy the historic character and design of the building.
(2) 
Variances shall only be issued upon:
(a) 
A showing of good and sufficient cause;
(b) 
A determination that failure to grant the variance would result in exceptional hardship; and
(c) 
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
(3) 
Any applicant to who 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 coverage.
(4) 
The Building Official shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request.
A 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 grants of 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 it is proven that the violation was 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 Putnam from taking such other lawful action as is necessary to prevent or remedy any violation.