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O-2021-3831 amending Chapter 94 "Floods" of the CoLP Code of Ordinances and Chapter 5 of the PICM
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O-2021-3831 amending Chapter 94 "Floods" of the CoLP Code of Ordinances and Chapter 5 of the PICM
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6/15/2021 3:53:42 PM
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6/15/2021 3:51:41 PM
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Legislative Records
Legislative Type
Ordinance
Legislative No.
O-2021-3831
Date
5/24/2021
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(d) Description of the extent to which any watercourse or natural drainage will be altered or <br /> relocated as a result of proposed development; <br /> (e) Maintain a record of all such information in accordance with_section 94-62(1); <br /> (2) Approval or denial of a floodplain development permit by the floodplain administrator <br /> shall be based on all of the provisions of this ordinance and the following relevant factors: <br /> (a) The danger to life and property due to flooding or erosion damage; <br /> (b) The susceptibility of the proposed facility and its contents to flood damage and <br /> the effect of such damage on the individual owner; <br /> (c) The danger that materials may be swept onto other lands to the injury of others; <br /> (d) The compatibility of the proposed use with existing and anticipated <br /> development; <br /> (e) The safety of access to the property in times of flood for ordinary and <br /> emergency vehicles; <br /> (f) The costs of providing governmental services during and after flood conditions <br /> including maintenance and repair of streets and bridges, and public utilities and <br /> facilities such as sewer, gas, electrical and water systems; <br /> (g) The expected heights, velocity, duration, rate of rise and sediment transport of <br /> the floodwaters and the effects of wave action, if applicable, expected at the site; <br /> (h) The necessity to the facility of a waterfront location, where applicable; <br /> (i) The availability of alternative locations, not subject to flooding or erosion <br /> damage, for the proposed use. <br /> Sec. 94-65. -Variance procedures. <br /> (1) The appeal board, as established by the community, shall hear and render judgment on <br /> requests for variances from the requirements of this article. <br /> (2) The appeal board shall hear and render judgment on an appeal only when it is alleged <br /> there is an error in any requirement, decision, or determination made by the floodplain <br /> administrator in the enforcement or administration of this article. <br /> (3) Any person or persons aggrieved by the decision of the appeal board may appeal such <br /> decision in the courts of competent jurisdiction. <br /> (4) The floodplain administrator shall maintain a record of all actions involving an appeal <br /> and shall report variances to the Federal Emergency Management Agency upon request. <br /> (5) Variances may be issued for the reconstruction, rehabilitation or restoration of <br /> structures listed on the National Register of Historic Places or the state inventory of historic <br /> places, without regard to the procedures set forth in the remainder of this article. <br /> (6) Variances may be issued for new construction and substantial improvements to be <br /> erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with <br /> existing structures constructed below the base flood level, providing the relevant factors <br /> in section 94-64(2) have been fully considered. As the lot size increases beyond the one- <br /> half half acre, the technical justification required for issuing the variance increases. <br /> II <br />
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