§ 9-18. Waivers from provisions of chapter.

(a)

Whenever any person is aggrieved by a decision of the county administrator or his designee with respect to the provisions of this chapter, it is the right of that person to appeal to the board of supervisors for a waiver. Such appeal must be filed, in writing, within thirty (30) days after the determination by the county administrator or his designee. Upon receipt of such an appeal, the board of supervisors shall set a time and place for the purpose of hearing the appeal, which shall be not less than ten (10) nor more than thirty (30) days from the date of the receipt of the appeal. Notice of the time and place of the hearing of the appeal shall be given to all parties. Such hearing shall be public and the appellant, his representative, the county administrator or his designee and any other person whose interest may be affected by the matter on appeal shall be given an opportunity to be heard. The determination made by the board of supervisors shall be final in all cases.

(b)

In passing upon applications for waivers under this section, the board of supervisors shall consider the following factors and procedures specified in other sections of this chapter and consider the following additional factors:

(1)

The damage of life and property due to increased flood heights or velocities caused by encroachments. No waiver shall be granted for any proposed use, development or activity within the floodway district that will cause any increase in flood levels during the 100-year flood.

(2)

The danger that materials may be swept on to other lands or downstream to the injury of others.

(3)

The proposed water supply and sanitation systems and the ability of these systems to present disease, contamination and unsanitary conditions.

(4)

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.

(5)

The importance of the services provided by the proposed facility to the community.

(6)

The requirements of the facility for a waterfront location.

(7)

The availability of alternative locations, not subject to flooding, for the proposed use.

(8)

The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.

(9)

The relationship of the proposed use to the comprehensive plan and floodplain management program for the area.

(10)

The safety of access to the property, in time of flood, of ordinary and emergency vehicles.

(11)

The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site.

(12)

The repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the exception is the minimum necessary to preserve the historic character and design of the structure.

(13)

All other factors which are relevant to the purpose of this chapter.

(c)

Waivers shall only be issued after the board of supervisors has determined that the waiver will be the minimum required to provide relief.

(d)

The board of supervisors shall notify the applicant for a waiver, in writing, that the issuance of a waiver to construct a structure below the 100-year flood elevation increases risks to life and property and will result in increased premium rates for flood insurance. A record of such notification, as well as all waiver actions, including justification for their issuance, shall be maintained and any waivers which are issued shall be noted in the annual report submitted to the federal insurance administration.

(Res. No. 1-12-2008, 12-16-08)

(Res. No. 1-12-2008, 12-16-08)