A.
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.
B.
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.
[Amended 11-14-2017 by Ord. No. 17-OR-030]
C.
Those aggrieved by the decision of the Township Administrator
or any taxpayer may appeal such decision to the Superior Court.
D.
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:
(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,
where applicable;
(6)
The availability of alternative locations for the
proposed use which are not subject to flooding or erosion damage;
(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 of that area;
(9)
The safety of access of 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 effect of
wave action, if applicable, expected at the site; and
(11)
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.
E.
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.
F.
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.
A.
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.
B.
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.
[Amended 11-14-2017 by Ord. No. 17-OR-030]
C.
Variances shall not be issued within any designated
floodway if any increase in flood levels during the base flood discharge
would result.
D.
Variances shall only be issued upon a determination
that the variance is the minimum necessary, considering the flood
hazard, to afford relief.
E.
Variances shall only be issued upon:
(1)
A showing of good and sufficient cause;
(2)
A determination that failure to grant the variance
would result in exceptional hardship to the applicant; and
(3)
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.
F.
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.
