Special provisions applying to the Floodway Zone.
(1) In making a determination on special permit uses, variances and the exact location of the FWOD District boundaries, the appropriate Board should consider the following factors in addition to its normal review procedures according to
Article IV: Special Permit Uses and
Article IX: Variances of this chapter:
(a) The danger that materials may be swept onto other lands to the injury of others.
(b) The danger to life and property due to flooding or erosion damage.
(c) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
(d) The importance of the services provided by the proposed facility to the community.
(e) The necessity to the facility of a waterfront location, where applicable.
(f) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage.
(g) The compatibility of the proposed use with existing and anticipated development.
(h) The relationship of the proposed use to the Comprehensive Plan and floodplain management program of that area.
(i) The safety of access to the property in times of flood of ordinary and emergency vehicles.
(j) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site.
(k) 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 and streets and bridges.
(2) Upon consideration of the above factors and the purposes of this chapter, the Board may attach such conditions to the granting of variances or special permit uses as it deems necessary to further the purposes of this section. In addition, all provisions of
§ 500-10E, Special provisions applying to the FPOD, shall also be met.
(3) The authorized official shall maintain the records of all actions, including technical information, and report any actions to the Federal Insurance Administration upon request.
Special procedures applying to the FWOD District.
All construction, new uses or changes in use in FWOD Districts shall be subject to the provisions contained in
Chapter 277: Flood Damage Prevention; this
Chapter 500: Zoning of the Town Code and the National Flood Insurance Program. In addition to normal review procedure as part of any application, the reviewing board, department or local administrator shall do the following:
(1) Review proposed developments to ensure that all necessary permits and reviews have been approved or completed as required by law.
(2) The Department of Environmental Conservation and any adjacent communities shall be notified of any alterations or relocations of any waterways within the Town of Chili. Copies of notification shall also be submitted to the Federal Insurance Administrator. Maintenance easements must be a part of and provided with any alteration or relocation of any waterway so that the flood-carrying capacity is not diminished.
(3) Maintain a record file of all affected projects and subdivisions to include:
(a) An as-built drawing or map indicating the base flood elevation [in relation to mean sea level (MSL)] for the site, the ground elevation (mean sea level) of the exterior of the proposed construction, if any, the elevation (mean sea level) of the lowest habitable floor, including the basement, if any, and the height, elevation or special flood design or construction techniques used.
(b) A record of all development permits, approvals, reviews and correspondence.
