The Zoning Board of Appeals of the Town of Niskayuna, as established
by the Town Law of the State of New York, shall hear and decide appeals
and requests for variances from the requirements of this chapter.
The Zoning Board of Appeals of the Town of Niskayuna shall hear and
decide appeals when it is alleged that there is an error in any requirement,
decision or determination made by the local administrator in the enforcement
or administration of this chapter.
Those aggrieved by the decision of the Zoning Board of Appeals of
the Town of Niskayuna may appeal such decision to the Supreme Court
pursuant to Article 78 of the Civil Practice Law and Rules.
In passing upon such applications, the Zoning Board of Appeals of
the Town of Niskayuna 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 cost 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.
Upon consideration of the factors of Subsection D above and the purposes of this chapter, the Zoning Board of Appeals of the Town of Niskayuna may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
The local administrator shall maintain the records of all appeal
actions, including technical information, and report any variances
to the Federal Emergency Management Agency 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, provided that the items in § 117-18D have been fully considered. As the lot size increases beyond 1/2 acre, the technical justification required for issuing the variance increases.
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:
The structure or other development is protected by methods that minimize
flood damages during the base flood and create no additional threat
to public safety.
A determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety or extraordinary
public expense, create nuisances, cause fraud on or victimization
of the public or conflict with existing local laws or ordinances.
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 over the signature of a community official that:
The issuance of a variance to construct a structure below the
base flood level will result in increased premium rates for flood
insurance up to amounts as high as $25 for $100 of insurance coverage;
and