The Township Administrator as established by the Township
of Burlington shall hear and decide appeals and requests for variances
from the requirements of this chapter.
The Township Administrator shall hear and decide appeals
when it is alleged there is an error in any requirement, decision
or determination made by the Township Construction Official in the
enforcement or administration of this chapter.
In passing upon such applications, the Township Administrator
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 effect of
wave action, if applicable, expected at the site; and
The costs of providing governmental service
during and after flood conditions, including maintenance and repair
or public utilities and facilities such as sewer, gas, electrical
and water systems, streets and bridges.
Upon consideration of the factors of § 282-15D and the purposes of this chapter, the Township Administrator may attach such conditions to the granting of variances as he deems necessary to further the purposes of this chapter.
The Township Administrator 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 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the items in § 282-15D(1) through (11) have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justifications 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 § 282-15D or conflict with existing local laws and ordinances.
Any applicant to whom a variance is granted shall
be given written notice that the structure will be permitted to be
built with a lowest flood elevation below the base flood elevation
and that the cost of flood insurance will be commensurate with the
increased risk resulting from the reduced lowest flood elevation.