Secs. 5A-53—5A-55. - Reserved.
(a)
The Flood Damage Prevention Appeals Board of Kings County is hereby established and shall hear and decide appeals from the requirements of this chapter. The flood damage prevention appeals board shall be comprised of the Kings County Director of Public Works, the Kings County Environmental Health Officer, the Kings County Agricultural Commissioner, and the Kings County Fire Chief, or their designated representative(s). The secretary of the flood damage prevention appeals board shall be the director of the community development agency.
(b)
The flood damage prevention appeals board shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the floodplain administrator pursuant to this chapter. Any person adversely affected by a decision of the floodplain administrator on a variance filed pursuant to Article IV of this chapter, or by the issuance of a development permit pursuant to Article III of this chapter, may appeal the decision to the appeals board established by this chapter. An appeal to the appeals board shall be in writing and filed with the floodplain administrator within ten days after the date on which the decision of the floodplain administrator was made. An appeal shall specifically set forth the grounds for the appeal. Notice of the hearing before the appeals board shall be given according to section 5A-42(a) of this chapter.
(c)
In deciding appealed applications, the flood damage prevention appeals board shall consider all technical evaluations, relevant factors, or 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 availability of alternative locations for the proposed uses that are not subject to flooding or erosion damage;
(6)
The compatibility of the proposed use with existing and anticipated development;
(7)
The relationship of the proposed use 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 sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and
(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, and streets and bridges.
(d)
Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided items (1) through (10) in section 5A-50(c) have been fully considered. As the lot size increases beyond the one-half acre size, the technical justification required for issuing the variance increases.
(e)
Upon consideration of the factors of section 5A-50(c) and the purposes of this chapter, the flood damage prevention appeals board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
(f)
The floodplain administrator shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency (FEMA) upon request by FEMA.
(Ord. No. 474.1, 3-2-10)
(a)
Within 30 days following the decision of the flood damage prevention appeals board, the board of supervisors may on its own motion by order or resolution initiate a review of the decision of the flood damage prevention appeals board.
(b)
Within five days of the order or resolution, the secretary of the flood damage prevention appeals board shall transmit to the clerk of the board of supervisors all documents in connection with the matter, including the findings and decision of the flood damage prevention appeals board, and the flood damage prevention appeals board may transmit to the board of supervisors a report setting forth the facts and circumstances of the case.
(c)
The clerk of the board of supervisors shall give notice by mail to all parties interested, including the secretary of the flood damage prevention appeals board, of the time and place of hearing on the review.
(d)
The board of supervisors may affirm, reverse or modify a decision of the flood damage prevention appeals board.
(e)
The decision of the board of supervisors shall be final unless action is brought in a court of competent jurisdiction within 30 days thereafter.
(Ord. No. 474.1, 3-2-10)
(a)
Within 30 days following the decision of the flood damage prevention appeal board, the decision may be appealed to the board of supervisors by any person aggrieved thereby or by any affected public entity. The appeal shall be filed with the clerk of the board of supervisors and shall state specifically wherein it is claimed that there was an error or abuse of discretion by the flood damage prevention appeal board or wherein its decision is not supported by the evidence.
(b)
Within five days of the filing of an appeal, the secretary of the flood damage prevention appeal board shall transmit to the clerk of the board of supervisors all documents in connection with the matter, including the findings and decision of the flood damage prevention appeal board, and the flood damage prevention appeal board may transmit to the board of supervisors a report setting forth the facts and circumstances of the case.
(c)
The clerk of the board of supervisors shall give notice by mail to the applicant, appellant and secretary of the flood damage prevention appeal board of the time and place of hearing on the appeal.
(d)
The board of supervisors may affirm; reverse or modify a decision of the flood damage prevention appeal board.
(e)
The decision of the board of supervisors shall be final unless action is brought in a court of competent jurisdiction within 30 days thereafter.
(Ord. No. 474.1, 3-2-10)