A.
The Board of Selectmen as established by the Town of Orange shall
hear and decide appeals and requests for variances from the requirements
of this chapter.
B.
The Board of Selectmen shall hear and decide appeals when it is alleged
that there is an error in any requirement, decision, or determination
made by the Town Engineer in the enforcement or administration of
this chapter.
C.
Any person aggrieved by a decision of the Board of Selectmen or any
person owning land which abuts or is within a radius of 100 feet of
the land in question may appeal within 15 days after such decision
to the State Superior Court for the Judicial District of Ansonia-Milford,
in the same manner as provided in Section 8-8 of the General Statutes
of Connecticut.
A.
Buildings on an historic register. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or on the State Inventory of Historic Places without regard to the procedures set forth in the remainder of this section, except for § 223-22C, provided that the proposed reconstruction, rehabilitation, or restoration will not result in the structure losing its historical character.
B.
Pre-existing small lot locations. Variances may be issued by a community 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, in conformance with § 223-22C.
C.
Functionally dependent uses. Variances may be issued for new construction and substantial improvements and other development necessary for the conduct of a functionally dependent use, provided the structure or other development is protected by methods that minimize flood damage, create no additional threat to public safety, and meet the requirements of § 223-22C.
D.
Floodway prohibition: Variances shall not be issued within any designated
floodway if any increase in flood levels during the base flood discharge
would result.
A.
In passing upon such applications, the Board of Selectmen shall consider
all technical evaluations, all relevant factors, all 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 of waterfront location to the facility, in the case
of a functionally dependent facility;
(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 for that area;
(9)
The safety of access to 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 flood waters and the effects of wave action, if applicable,
expected at the site; and
(11)
The costs of providing governmental services during and after
the flood conditions, including maintenance and repair of public utilities
and facilities such as sewer, gas, electrical and water systems, and
streets and bridges.
B.
Upon consideration of the factors listed above and of the purposes
of this chapter, the Board of Selectmen may attach such conditions
to the granting of variances as it deems necessary to further the
purposes of this chapter.
C.
Conditions for variances:
(1)
Variances shall only be issued upon a determination that the variance
is the minimum necessary, considering the flood hazard, to afford
relief; and in the instance of an historical building, a determination
that the variance is the minimum necessary so as not to destroy the
historic character and design of the building.
(2)
Variances shall only be issued upon:
(a)
A showing of good and sufficient cause;
(b)
A determination that failure to grant the variance would result
in exceptional hardship; and
(c)
A determination that the granting of a variance will not result
in increased flood heights, additional threats to public safety, extraordinary
public expense, the creation of nuisance, fraud on or victimization
of the public, or conflict with existing local laws or ordinances.
(3)
Any applicant to whom a variance is granted shall be given written
notice specifying the difference between the base flood elevation
and the elevation to which the structure is to be built and stating
that the cost of flood insurance will be commensurate with the increased
risk resulting from the reduced lowest floor elevation up to amounts
as high as $25 for $100 of insurance coverage.
(4)
The Town Engineer shall maintain the records of all appeal actions
and report any variances to the Federal Emergency Management Agency
upon request.
