[HISTORY: Adopted by the Town Board of the Town of Victor 5-11-1987
as L.L. No. 3-1987. Amendments noted where applicable.]
The Town Board of the Town of Victor finds that the potential and/or
actual damages from flooding and erosion may be a problem to the residents
of the Town of Victor and that such damages may include destruction or loss
of private and public housing, damage to public facilities, both publicly
and privately owned, and injury to and loss of human life. In order to minimize
the threat of such damages and to achieve the purposes and objectives hereinafter
set forth, this chapter is adopted.
It is the purpose of this chapter to promote the public health, safety
and general welfare and to minimize public and private losses due to flood
conditions in specific areas by provisions designed to:
A.
Regulate uses which are dangerous to health, safety and
property due to water or erosion hazards or which result in damaging increases
in erosion or in flood heights or velocities.
B.
Require that uses vulnerable to floods, including facilities
which serve such uses, be protected against flood damage at the time of initial
construction.
C.
Control the alteration of natural floodplains, stream
channels and natural protective barriers which are involved in the accommodation
of floodwaters.
D.
Control filling, grading, dredging and other development
which may increase erosion or flood damages.
E.
Regulate the construction of flood barriers which will
unnaturally divert floodwaters or which may increase flood hazards to other
lands.
F.
Qualify for and maintain participation in the National
Flood Insurance Program.
The objectives of this chapter are to:
A.
Protect human life and health.
B.
Minimize expenditure of public money for costly flood
control projects.
C.
Minimize the need for rescue and relief efforts associated
with flooding and generally undertaken at the expense of the general public.
D.
Minimize prolonged business interruptions.
E.
Minimize damage to public facilities and utilities, such
as water and gas mains; electric, telephone and sewer lines; streets; and
bridges located in areas of special flood hazard.
F.
Help maintain a stable tax base by providing for the
sound use and development of areas of special flood hazard so as to minimize
future flood blight areas,
G.
Provide that developers are notified that property is
in an area of special flood hazard.
H.
Ensure that those who occupy the areas of special flood
hazard assume responsibility for their actions.
A.
Unless specifically defined below, words or phrases used
in this chapter shall be interpreted so as to give them the meaning they have
in common usage and to give this chapter its most reasonable application.
B.
APPEAL
AREA OF SHALLOW FLOODING
AREA OF SPECIAL FLOOD HAZARD
BASE FLOOD
BASEMENT
BREAKAWAY WALL
BUILDING
CELLAR
COASTAL HIGH-HAZARD AREA
DEVELOPMENT
ELEVATED BUILDING
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM)
FLOOD or FLOODING
FLOOD HAZARD BOUNDARY MAP (FHBM)- An official map of a community, issued
by the Federal Emergency Management Agency, where the boundaries of the areas
of special flood hazard have been defined, but no water surface elevation
is provided. FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY
FLOODPROOFING
FLOODWAY
FLOOR
FUNCTIONALLY DEPENDENT USE
HIGHEST ADJACENT GRADE
LOWEST FLOOR
MANUFACTURED HOME
MEAN SEA LEVEL
MOBILE HOME
NATIONAL GEODETIC VERTICAL DATUM (NGVD)
NEW CONSTRUCTION
ONE-HUNDRED-YEAR FLOOD
PRINCIPALLY ABOVE GROUND
REGULATORY FLOODWAY
SAND DUNES
START OF CONSTRUCTION
STRUCTURE
SUBSTANTIAL IMPROVEMENT
(1)
(2)
VARIANCE
As used in this chapter, the following terms shall have
the meanings indicated:
A request for a review of the local administrator's interpretation
of any provision of this chapter or a request for a variance.
A designated AO or VO Zone on a community's Flood Insurance Rate
Map (FIRM) with base flood depths from one (1) to three (3) feet, where a
clearly defined channel does not exist, where the path of flooding in unpredictable
and indeterminate and where velocity flow may be evident.
The land in the floodplain within a community subject to a one-percent
or greater chance of flooding in any given year. This area may be designated
as Zone A, AE, AH, AO, A1 through A99, V, VO, VE, or V1 through V30. It is
also commonly referred to as the "base floodplain" or "one-hundred-year floodplain."
The flood having a one-percent chance of being equaled or exceeded
in any given year.
That portion of a building having its floor subgrade (below ground
level) on all sides.
A wall that is not part of the structural support of the building
and is intended through its design and construction to collapse under specific
lateral loading forces without causing damage to the elevated portion of the
building or the supporting foundation system.
Any structure built for support, shelter or enclosure for occupancy
or storage.
Has the same meaning as "basement."
The area subject to high-velocity waters, including but not limited
to hurricane wave wash. The area is designed on a FIRM as Zone V1 through
V-30, VE, VO or V.
Any man-made change to improved or unimproved real estate, including
but not limited to buildings or other structures, mining, dredging, filling,
paving, excavation or drilling operations located within the area of special
flood hazard.
A nonbasement building built to have the lowest floor elevated above
the ground level by means of fill, solid foundation perimeter walls, pilings,
columns (posts and piers) or shear walls.
An official map of the community published by the Federal Emergency
Management Agency as part of a riverine community's Flood Insurance Study.
The "FBFM" delineates a regulatory floodway along watercourses studied in
detail in the Flood Insurance Study.
A general and temporary condition of partial or complete inundation
of normally dry land areas from:
An official map of a community on which the Federal Emergency Management
Agency has delineated both the areas of special flood hazard and the risk-premium
zones applicable to the community.
The official report provided by the Federal Emergency Management
Agency. The report contains flood profiles, as well as the Flood Boundary
- Floodway Map and the water surface elevations of the base flood.
Any combination of structural and nonstructural additions, changes
or adjustments to structures which reduce or eliminate flood damage to real
estate or improved real property, water and sanitary facilities, structures
and their contents.
Has the same meaning as "regulatory floodway."
The top surface of an enclosed area in a building, including basement,
i.e., top of slab in concrete-slab construction or top of wood flooring in
wood-frame construction.
A use which cannot perform its intended purpose unless it is located
or carried out in close proximity to water, such as a docking or port facility
necessary for the loading and unloading of cargo or passengers, shipbuilding
and ship repair. The term does not include long-term storage, manufacture,
sales or service facilities.
The highest natural elevation of the ground surface, prior to construction,
next to the proposed walls of a structure.
The lowest level, including basement or cellar, of the lowest enclosed
area. An unfinished or flood-resistant enclosure usable solely for the parking
of vehicles, building access or storage in an area other than a basement is
not considered a building's "lowest floor," provided that such enclosure is
not built so as to render the structure in violation of the applicable nonelevation
design requirements of this chapter.
A structure, transportable in one (1) or more sections, which is
built on a permanent chassis and designed to be used with or without a permanent
foundation when connected to the required utilities. The term also includes
park trailers, travel trailers and similar transportable structures placed
on a site for one hundred eighty (180) consecutive days or longer and intended
to be improved property.
For purposes of the National Flood Insurance Program, the National
Geodetic Vertical Datum (NGVD) of 1929, or other datum, to which base flood
elevations shown on a community's Flood Insurance Rate Map are referenced.
Has the same meaning as "manufactured home."
As corrected in 1929, a vertical control used as a reference for
establishing varying elevations within the floodplain.
Structures for which the start of construction commenced on or after
the effective date of this chapter.
Has the same meaning as "base flood."
At least fifty-one percent (51%) of the actual cash value of the
structure, excluding land value, is above ground.
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height as determined by the Federal Emergency Management Agency in a Flood Insurance Study or by other agencies as provided in § 120-12B of this chapter.
Naturally occurring accumulations of sand in ridges or mounds landward
of the beach.
The initiation, excluding planning and design, of any phase of a
project or physical alteration of the property and shall include land preparation,
such as clearing, grading and filling; installation of streets and/or walkways;
excavation for a basement, footings, piers or foundations; or the erection
of temporary forms. It also includes the placement and/or installation on
the property of accessory buildings (garages, sheds), storage trailers and
building materials. For manufactured homes, the "actual start" means the affixing
of the manufactured home to its permanent site.
A walled and roofed building, a manufactured home or a gas or liquid
storage tank that is principally above ground.
Any repair, reconstruction or improvement of a structure, the cost
of which equals or exceeds fifty percent (50%) of the market value of the
structure either before the improvement or repair is started or, if the structure
has been damaged and is being restored, before the damage occurred. For the
purposes of this definition, "substantial improvement" is considered to commence
when the first alteration of any wall, ceiling, floor or other structural
part of the building commences, whether or not that alteration affects the
external dimensions of the structure. The term does not, however, include
either:
Any project for improvement of a structure to comply with existing state
or local building, fire, health, sanitary or safety code specifications which
are solely necessary to assure safe living conditions; or
Any alteration of a structure or contributing structure listed on the
National Register of Historic Places or a State Inventory of Historic Places.
A grant of relief from the requirements of this chapter which permits
construction or use in a manner that would otherwise be prohibited by this
chapter.
This chapter shall apply to all areas of special flood hazard within
the jurisdiction of Victor.
[Amended 7-10-1989 by L.L.
No. 1-1989]
A.
The areas of special flood hazard have been identified
by the Federal Emergency Management Agency in a scientific and engineering
report entitled "Flood Insurance Study, Town of Victor, New York, Ontario
County," dated March 30, 1983, with Flood Insurance Rate Maps enumerated on
Map Index No. 361249 0001-0015, dated September 30, 1983, and with accompanying
Flood Boundary and Floodway Maps enumerated on Map Index No. 361249 0001-0015,
dated September 30, 1983.
B.
The above documents are hereby adopted and declared to
be a part of this chapter and are filed at 85 East Main Street, Victor, New
York.
A.
This chapter is adopted in response to the National Flood
Insurance Program, effective October 1, 1986, and shall supersede all previous
laws adopted for the purpose of establishing and maintaining eligibility for
flood insurance.
B.
In their interpretation and application, the provisions
of this chapter shall be held to be minimum requirements, adopted for the
promotion of the public health, safety and welfare. Whenever the requirements
of this chapter are at variance with the requirements of any other lawfully
adopted rules, regulations or ordinances, the most restrictive or that imposing
the higher standards shall govern.
No structure shall hereafter be constructed, located, extended, converted or altered and no land shall be excavated or filled without full compliance with the terms of this chapter and any other applicable regulations. Any infraction of the provisions of this chapter by failure to comply with any of its requirements, including infractions of conditions and safeguards established in connection with conditions of the permit, shall constitute a violation. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined no more than two hundred fifty dollars ($250.) or be imprisoned for not more than fifteen (15) days, or both. Each day of noncompliance shall be considered a separate offense. Nothing herein contained shall prevent the Town of Victor from taking such other lawful action as necessary to prevent or remedy an infraction. Any structure found not compliant with the requirements of this chapter for which the developer and/or owner has not applied for and received an approved variance under §§ 120-16 and 120-17 will be declared noncompliant and notification will be sent to the Federal Emergency Management Agency.
The degree of flood protection required by this chapter is considered
reasonable for regulatory purposes and is based on scientific and engineering
considerations. Larger floods can and will occur on rare occasions. Flood
heights may be increased by man-made or natural causes. This chapter does
not imply that land outside the areas of special flood hazard or uses permitted
within such areas will be free from flooding or flood damages. This chapter
shall not create liability on the part of the Town of Victor, any officer
or employee thereof or the Federal Emergency Management Agency for any flood
damages that result from reliance on this chapter or any administrative decision
lawfully made thereunder.
The Code Enforcement Officer is hereby appointed local administrator
to administer and implement this chapter by granting or denying development
permit applications in accordance with its provisions.
A development permit shall be obtained before the start of construction or any other development within the area of special flood hazard as established in § 120-6. Application for a development permit shall be made on forms furnished by the local administrator and may include but not be limited to plans, in duplicate, drawn to scale and having the nature, location, dimensions and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing.
A.
Application stage. The following information is required
where applicable:
(1)
The elevation in relation to mean sea level of the proposed
lowest floor, including basement or cellar, of all structures.
(2)
The elevation in relation to mean sea level to which
any nonresidential structure will be floodproofed.
(3)
When required, a certificate from a licensed professional engineer or architect that the utility floodproofing will meet the criteria in § 120-13C(1).
(4)
A certificate from a licensed professional engineer or architect that the nonresidential floodproofed structure will meet the floodproofing criteria in § 120-14.
(5)
A description of the extent to which any watercourse
will be altered or relocated as a result of proposed development.
B.
Construction stage. Upon placement of the lowest floor,
or floodproofing by whatever means, it shall be the duty of the permit holder
to submit to the local administrator a certificate of the elevation of the
lowest floor, or floodproofed elevation, in relation to mean sea level. The
elevation certificate shall be prepared by, or under the direct supervision
of, a licensed land surveyor or professional engineer and certified by same
when floodproofing is utilized for a particular building. The floodproofing
certificate shall be prepared by or under the direct supervision of a licensed
professional engineer or architect and certified by same. Any further work
undertaken prior to submission and approval of the certification shall be
at the permit holder's risk. The local administrator shall review all data
submitted. Deficiencies detected shall be cause to issue a stop-work order
for the project unless immediately corrected.
Duties of the local administrator shall include but not be limited to:
A.
Permit application review. The local administrator shall:
(1)
Review all development permit applications to determine
that the requirements of this chapter have been satisfied.
(2)
Review all development permit applications to determine
that all necessary permits have been obtained from those federal, state or
local governmental agencies from which prior approval is required.
(3)
Review all development permit applications to determine
if the proposed development adversely affects the areas of special flood hazard.
For the purpose of this chapter, "adversely affects" means physical damage
to adjacent properties. An engineering study may be required of the applicant
for this purpose.
B.
Use of other base flood and flood way data. When base flood elevation data has not been provided in accordance with § 120-6, Basis for establishing areas of special flood hazard, the local administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, including data developed pursuant to § 120-13D(4), in order to administer § 120-14, Specific standards, and § 120-15, Floodways.
C.
Information to be obtained and maintained. The local
administrator shall:
(1)
Obtain and record the actual elevation, in relation to
mean sea level, of the lowest floor, including basement or cellar, of all
new or substantially improved structures and whether or not the structure
contains a basement or cellar.
(3)
Maintain for public inspection all records pertaining
to the provisions of this chapter, including variances, when granted, and
certificates of compliance.
D.
Alteration of watercourses. The local administrator shall:
(1)
Notify adjacent communities and the New York State Department
of Environmental Conservation prior to any alteration or relocation of a watercourse
and submit evidence of such notification to the Regional Director, Federal
Emergency Management Agency, Region II, 26 Federal Plaza, New York, New York
10278.
(2)
Require that maintenance is provided within the altered
or relocated portion of said watercourse so that the flood-carrying capacity
is not diminished.
E.
Interpretation of FIRM boundaries.
(1)
The Local Administrator shall have the authority to make
interpretations when there appears to be a conflict between the limits of
the federally identified area of special flood hazard and actual field conditions.
(3)
The Local Administrator shall use flood information from
any other authoritative source, including historical data, to establish the
limits of the areas of special flood hazard when base flood elevations are
not available.
F.
Stop-work orders.
(1)
All floodplain development found ongoing without an approved permit shall be subject to the issuance of a stop-work order by the local administrator. Disregard of a stop-work order shall be subject to the penalties described in § 120-8 of this chapter.
(2)
All floodplain development found noncompliant with the provisions of this law and/or the conditions of the approved permit shall be subject to the issuance of a stop-work order by the local administrator. Disregard of a stop-work order shall be subject to the penalties described in § 120-8 of this chapter.
G.
Inspections. The Local Administrator and/or the developer's
engineer or architect shall make periodic inspections at appropriate times
throughout the period of construction in order to monitor compliance with
permit conditions and to enable said inspector to certify that the development
is in compliance with the requirements of either the development permit or
the approved variance.
H.
Certificate of compliance.
(1)
It shall be unlawful to use or occupy, or to permit the
use or occupancy of, any building or premises, or both, or part thereof hereafter
created, erected, changed, converted or wholly or partly altered or enlarged
in its use or structure until a certificate of compliance has been issued
by the local administrator stating that the building or land conforms to the
requirements of this chapter.
(2)
All other development occurring within the designated
flood hazard area will have, upon completion, a certificate of compliance
issued by the local administrator,
In all areas of special flood hazard, the following standards are required:
A.
Anchoring.
(1)
All new construction and substantial improvements shall
be anchored to prevent flotation, collapse or lateral movement of the structure.
(2)
All manufactured homes shall be installed using methods
and practices which minimize flood damage. Manufactured homes must be elevated
and anchored to resist flotation, collapse or lateral movement. Manufactured
homes shall be elevated to or above the base flood elevation or two (2) feet
above the highest adjacent grade when no base flood elevation has been determined.
Methods of anchoring may include but are not to be limited to use of over-the-top
or frame ties to ground anchors. This requirement is in addition to applicable
state and local anchoring requirements for resisting wind forces.
B.
Construction materials and methods.
C.
Utilities.
(1)
Electrical, heating, ventilation, plumbing and air-conditioning
equipment and other service facilities shall be designed and/or located so
as to prevent water from entering or accumulating within the components during
conditions of flooding. When designed for location below the base flood elevation,
a professional engineer's or architect's certification is required.
(2)
All new and replacement water supply systems shall be
designed to minimize or eliminate infiltration of floodwaters into the system.
(3)
New and replacement sanitary sewage systems shall be
designed to minimize or eliminate infiltration of floodwaters.
(4)
On-site waste disposal systems shall be located to avoid
impairment to them or contamination from them during flooding.
D.
Subdivision proposals.
(1)
All subdivision proposals shall be consistent with the
need to minimize flood damage.
(2)
All subdivision proposals shall have public utilities
and facilities, such as sewer, gas, electrical and water systems located and
constructed to minimize flood damage.
(3)
All subdivision proposals shall have adequate drainage
provided to reduce exposure to flood damage.
(4)
Base flood elevation data shall be provided for subdivision
proposals and other proposed developments, including proposals for manufactured
home parks and subdivisions, greater than either fifty (50) lots or five (5)
acres.
E.
Encroachments.
(1)
All proposed development in riverine situations where no flood elevation data is available (unnumbered A Zones) shall be analyzed to determine the effects on the flood-carrying capacity of the areas of special flood hazard set forth in § 120-12A(3). This may require the submission of additional technical data to assist in the determination.
(2)
In all areas of special flood hazard in which base flood elevation data is available pursuant to § 120-12B or 120-13D(4) and no floodway has been determined, the cumulative effects of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than one (1) foot at any point.
In all areas of special flood hazard where base flood elevation data has been provided as set forth in § 120-6, Basis for establishing areas of special flood hazard, and § 120-12B, Use of other base flood and floodway data, the following standards are required:
A.
Residential construction. New construction and substantial
improvements of any residential structure shall:
(1)
Have the lowest floor, including basement or cellar,
elevated to or above the base flood elevation.
(2)
Have fully enclosed areas below the lowest floor that
are subject to flooding designed to automatically equalize hydrostatic flood
forces on exterior walls by allowing for the entry and exit of floodwaters.
Designs for meeting this requirement must either be certified by a licensed
professional engineer or architect or meet or exceed the following minimum
criteria:
(a)
A minimum of two (2) openings having a total net area
of not less than one (1) square inch for every square foot of enclosed area
subject to flooding shall be provided.
(b)
The bottom of all such openings shall be no higher than
one (1) foot above the lowest adjacent finished grade.
(c)
Openings may be equipped with louvers, valves, screens
or other coverings or devices, provided that they permit the automatic entry
and exit of floodwaters.
B.
Nonresidential construction. New construction and substantial
improvements of any commercial, industrial or other nonresidential structure,
together with attendant utility and sanitary facilities, shall either have
the lowest floor, including basement or cellar, elevated to or above the base
flood elevation or be floodproofed so that the structure is watertight below
the base flood level with walls substantially impermeable to the passage of
water. All structural components located below the base flood level must be
capable of resisting hydrostatic and hydrodynamic loads and the effects of
buoyancy.
(1)
If the structure is to be elevated, fully enclosed areas
below the base flood elevation shall be designed to automatically (without
human intervention) allow for the entry and exit of floodwaters for the purpose
of equalizing hydrostatic flood forces on exterior walls. Designs for meeting
this requirement must either be certified by a licensed professional engineer
or a licensed architect or meet the following criteria:
(a)
A minimum of two (2) openings having a total net area
of not less than one (1) square inch for every square foot of enclosed area
subject to flooding shall be provided.
(b)
The bottom of all such openings shall be no higher than
one (1) foot above the lowest adjacent finished grade.
(c)
Openings may be equipped with louvers, valves, screens
or other coverings or devices, provided that they permit the automatic entry
and exit of floodwaters.
(2)
If the structure is to be floodproofed:
(a)
A licensed professional engineer or architect shall develop
and/or review structural design, specifications and plans for the construction
and shall certify that the design and methods of construction are in accordance
with accepted standards of practice to make the structure watertight, with
walls substantially impermeable to the passage of water and with structural
components having the capability of resisting hydrostatic and hydrodynamic
loads and the effects of buoyancy.
(b)
A licensed professional engineer or licensed land surveyor
shall certify the specific elevation, in relation to mean sea level, to which
the structure is floodproofed.
(3)
The local administrator shall maintain on record a copy
of all such certificates noted in this section.
C.
Construction standards for areas of special flood hazard without base flood elevations. New construction or substantial improvements of structures, including manufactured homes, shall have the lowest floor, including basement, elevated to or above the base flood elevation as may be determined in § 120-12B or two (2) feet above the highest adjacent grade where no elevation data is available.
(1)
New construction or substantial improvements of structures,
including manufactured homes, shall have the lowest floor, including basement,
elevated at least two (2) feet above the highest adjacent grade next to the
proposed foundation of the structure.
(2)
Fully enclosed areas below the lowest floor that are
subject to flooding shall be designed to automatically (without human intervention)
allow for the entry and exit of floodwaters for the purpose of equalizing
hydrostatic flood forces on exterior walls. Designs for meeting this requirement
must either be certified by a licensed professional engineer or a licensed
architect or meet the following criteria:
(a)
A minimum of two (2) openings having a total net area
of not less than one (1) square inch for every square foot of enclosed area
subject to flooding shall be provided.
(b)
The bottom of all such openings shall be no higher than
one (1) foot above the lowest adjacent finished grade.
(c)
Openings may be equipped with louvers, valves, screens
or other coverings or openings, provided that they permit the automatic entry
and exit of floodwaters,
Located within areas of special flood hazard are areas designated as floodways. (See definition, § 120-4.) The floodway is an extremely hazardous area due to high velocity floodwaters carrying debris and posing additional threats from potential erosion forces. When floodway data is available for a particular site as provided by §§ 120-6 and 120-12B, all encroachments, including fill, new construction, substantial improvements and other developments, are prohibited within the limits of the flood way unless a technical evaluation demonstrates that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
A.
The Zoning Board of Appeals as established by the Town
of Victor shall hear and decide appeals and requests for variances from the
requirements of this chapter.
B.
The Zoning Board of Appeals shall hear and decide appeals
when it is alleged there is an error in any requirement, decision or determination
made by the local administrator in the enforcement or administration of this
chapter.
C.
Those aggrieved by the decision of the Zoning Board of
Appeals may appeal such decision to the Supreme Court pursuant to Article
78 of the Civil Practice Law and Rules.
D.
In passing upon such applications, the Zoning Board of
Appeals 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 to the property in times of flooding
for ordinary and emergency vehicles.
(10)
The costs to local governments and the dangers associated
with conducting search and rescue operations during periods of flooding.
(11)
The unexpected height, velocity, duration, rate of rise
and sediment transport of the floodwaters and the effects of wave action,
if applicable, expected at the site.
(12)
The costs of providing governmental services during and
after flood conditions, including search and rescue operations, maintenance
and repair of public utilities and facilities, such as sewer, gas, electrical
and water systems, and streets and bridges.
E.
Upon consideration of the factors of § 120-16D and the purposes of this chapter, the Zoning Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
F.
The local administrator shall maintain the records of
all appeal actions, including technical information, and shall report any
variances to the Federal Emergency Management Agency upon request.
A.
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that the items in § 120-16D(1) through (12) have been fully considered. As the lot size increases beyond the one-half (1/2) acre, the technical justification required for issuing the variance increases.
B.
Variances may be issued for the reconstruction, rehabilitation
or restoration of structures and contributing structures listed on the National
Register of Historic Places or the State Inventory of Historic Places, without
regard to the contributing structures procedures set forth in the remainder
of this section.
C.
Variances may be issued by a community for new construction
and substantial improvements and for other development necessary for the conduct
of a functionally dependent use, provided that:
D.
Variances shall not be issued within any designated floodway
if any increase in flood levels during the base flood discharge would result.
E.
Variances shall only be issued upon determination that
the variance is the minimum necessary, considering the flood hazard, to afford
relief.
F.
Variances shall only be issued upon receiving written
justification:
(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.
(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 or conflict with existing chapters or ordinances.
G.
Any applicant to whom a variance is granted for a building
with the lowest floor below the base flood elevation shall be given written
notice that the cost of flood insurance will be commensurate with the increased
risk resulting from lowest floor elevation.
