ARTICLE VI. APPEALS AND VARIANCES

SECTION 6.1 APPEALS

1.  Appeals of any decision of the Floodplain Administrator to the Board of Directors shall be filed with the Floodplain Administrator within 30 days from the receipt of notice of the decision to be appealed and shall be in writing on a form provided by the Floodplain Administrator. The notice of appeal shall specify the grounds for said appeal.

2.  While the appeal is pending, all existing floodplain delineations shall remain in effect. All other matters regarding the proceeding shall be stayed during its pendency unless the Administrator certifies to the Floodplain Review Board that by reason of facts surrounding the application the stay would, in his opinion, cause imminent peril to life or property. In such cases the other matters shall not be stayed.

3.  The Board of Directors shall fix a time for hearing the appeal and give notice to the parties in interest and to the public as set forth herein. The Board of Directors shall hear and decide the appeal within a reasonable time.

SECTION 6.2 FLOODPLAIN VARIANCE

Conditions for the issuance of a variance:

1.  A variance shall be issued by the Board of Directors when all of the following criteria are met:

a.  That no increase in the base flood elevation would result;

b.  That special circumstances, such as size, shape, topography, location or surroundings of the property, would cause the strict application of the Regulation to deprive the property of privileges enjoyed by similar property in the jurisdictional floodplain;

c.  That the variance does not constitute a grant of special privileges inconsistent with the limitations on similar property in the jurisdictional floodplain;

d.  That the variance requested is the minimum necessary, considering the flood hazard, to afford relief;

e.  That there is a showing of good and sufficient cause;

f.  That the variance requested is for the repair, rehabilitation or restoration of structures listed in the National Register of Historic Places or the State Inventory of Historic Places, upon a determination that the proposed repair or rehabilitation will not preclude the structures continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure;

g.  That a determination that failure to grant the variance would result in exceptional hardship to the applicant;

h.  That granting the variance shall not result in additional threats to public safety, extraordinary public expense, create a nuisance, the victimization of or fraud on the public; and

i.  That the variance does not conflict with existing local laws or ordinances.

2.  In addition to the above requirements, the Board of Directors, may attach such conditions or restrictions to the granting of a variance as it determines necessary to reduce or eliminate potential threats to public safety or to public or private property resulting from the granting of the variance. The applicant, among other things, may be required to post performance bonds, assurances or other security to guarantee compliance with the conditions and restrictions imposed.

3.  The burden of proof of compliance with the above conditions shall be on the applicant.