The Appeal Board as established by the Township of
Waterford shall hear and decide appeals and requests for variances
from the requirements of this chapter.
The Appeal Board shall hear and decide appeals when
it is alleged there is an error in any requirement, decision, or determination
made by the Zoning Official in the enforcement or administration of
this chapter.
In passing upon such applications, the Appeal Board
shall consider all technical evaluations, all relevant factors, standards
specified in other sections of this chapter, and:
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.
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.
Upon consideration of the factors of § 143-13D and the purposes of this chapter, the Appeal Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
The Zoning Official shall maintain the records of
all appeal actions, including technical information, and report any
variances to the Federal Insurance Administration upon request.
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the items in § 143-13D(1) through (11) have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.
Variances may be issued for the repair or rehabilitation
of historic structures upon a determination that the proposed repair
or rehabilitation will not preclude the structure's continued designation
as an historic structure and the variance is the minimum necessary
to preserve the historic character and design of the structure.
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in § 143-13D, or conflict with existing local laws or ordinances.
Any applicant to whom a variance is granted shall
be given written notice that the structure will be permitted to be
built and that the cost of flood insurance will be commensurate with
the increased risk resulting from the reduced lowest floor elevation.