Section 3710.35 Variances

TITLE: 17: CONSERVATION

CHAPTER I: DEPARTMENT OF NATURAL RESOURCES

SUBCHAPTER h: WATER RESOURCES

PART 3710 FLOODPLAIN DEVELOPMENT REQUIREMENTS FOR STATE OWNED PROPERTIES

SECTION 3710.35 VARIANCES

Section 3710.35  Variances

a)         Whenever

the standards of this Part place undue hardship on a specific development

proposal, the applicant may apply to the Department for a variance, of this

Part.

b)         No

variances shall be granted within a floodway if any increases in the base flood

elevation would result.

c)         No

variance shall be granted unless the applicant demonstrates and the Department

finds that all of the following conditions are met:

1)         The

development activity cannot be located outside the floodplain.

2)         A

failure to grant the variance would result in exceptional hardship by rendering

the lot undevelopable.

3)         The

variance granted is the minimum necessary, considering the flood hazard, to

afford relief.

4)         There

will be no additional threat to public health, public safety, destruction of

beneficial stream uses and functions including, aquatic habitat, causation of

fraud on or victimization of the public, conflict with existing local laws or administrative

rules, or creation of a nuisance.  There will be no additional State expense

for flood protection, rescue or relief operations, policing, lost environmental

stream uses and functions, repairs to streambeds and banks, or repairs to

roads, utilities, or other public facilities.

5)         The

circumstances of the property are unique and do not establish a pattern

inconsistent with the intent of the NFIP.

6)         Good

and sufficient cause has been shown that the unique characteristics of the

size, configuration, or topography of the site renders the requirements of this

Part inappropriate.

7)         All

other State and federal permits, other than the permit required by this Part,

have been obtained.

d)         Considerations

for Review

a pattern

inconsistent with the intent of the NFIP.

6)         Good

and sufficient cause has been shown that the unique characteristics of the

size, configuration, or topography of the site renders the requirements of this

Part inappropriate.

7)         All

other State and federal permits, other than the permit required by this Part,

have been obtained.

d)         Considerations

for Review. In reviewing applications for variances, the following shall be

considered:

1)         The

danger that materials and debris may be swept onto other lands resulting in

further injury or damage.

2)         The

danger to life and property due to flooding or erosion damage.

3)         The

susceptibility of the proposed development, including contents, to flood damage

and the effect of such damage on current and future owners.

4)         The

importance of the services provided by the proposed development to the State agency.

5)         The

availability of alternate locations for the proposed development that are not

subject to flooding or erosion.

6)         The

compatibility of the proposed development with existing and anticipated

development.

7)         The

relationship of the proposed development to the comprehensive plan and

floodplain management program for that area.

8)         The

safety of access to the property in times of flood for ordinary and emergency

vehicles.

9)         The

expected heights, velocity, duration, rate of rise and debris and sediment

transport of the floodwaters and the effects of wave action, if applicable,

expected at the site.

10)       The

costs of providing governmental services during and after flood conditions,

including maintenance and repair of public utilities and facilities such as

sewer, gas, electrical and water systems, streets, and bridges.

11)       All

technical evaluations, all relevant factors, all other portions of this Part.

e)         Historic

Structures

ion, if applicable,

expected at the site.

10)       The

costs of providing governmental services during and after flood conditions,

including maintenance and repair of public utilities and facilities such as

sewer, gas, electrical and water systems, streets, and bridges.

11)       All

technical evaluations, all relevant factors, all other portions of this Part.

e)         Historic

Structures. Variances issued for the reconstruction, repair, or alteration of a

historic site or historic structure may be granted subject to the conditions

that:

1)         The

repair or rehabilitation is the minimum necessary to preserve the historic

character and design of the structure.

2)         The

repair or rehabilitation will not preclude the structure's continued

designation as a historic structure.