§ 200-285. Appeals and variance procedure.

A. 

Appeal Board.

(1) 

The Planning Board as established by the Township of West Windsor shall hear and decide appeals and requests for variances from the requirements of this Part 6.

(2) 

The Planning Board shall hear and decide appeals when it is alleged there is an error in any requirements, decision or determination made by the local administrator in the enforcement or administration of this Part 6.

(3) 

Those aggrieved by the decision of the Planning Board, or any taxpayer, may appeal, in writing, to the Township Council. This appeal may be undertaken within 10 days after the date of such decision. The Township Council shall fix and notify the appellant of a time and place for public hearing on the appeal, and the appellant shall cause notice of such hearing to be published in a newspaper at least 10 days prior to the hearing. All parties in interest shall be afforded an opportunity to be heard thereat. After such hearing, the Township Council shall affirm or reverse the action of the Planning Board, stating its findings and reasons for its action, and a written copy of such action shall be given to the appellant.

(4) 

In passing upon such applications, the Planning Board shall consider all technical evaluations, all relevant factors, standards specified in other sections of this Part 6 and:

(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 alternate 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 for ordinary and emergency vehicles.

(j) 

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.

(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.

(5) 

Upon consideration of the factors of Subsection A(4)(a) through (4)(k) above and the purposes of this chapter, the Planning Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

(6) 

The local administrator shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Insurance Administration upon request.

[Amended 7-18-2016 by Ord. No. 2016-15]

B. 

Conditions for variances.

(1) 

Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that items A(4)(a) through (4)(k) above have been fully considered. As the lot size increases beyond the one-half (1/2) acre, the technical justification required for issuing the variance increases.

[Amended 7-18-2016 by Ord. No. 2016-15]

(2) 

Variances may be issued for the reconstruction, rehabilitation or restoration of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

[Amended 7-18-2016 by Ord. No. 2016-15]

(3) 

Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

(4) 

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(5) 

Variances shall only be issued upon:

(a) 

A showing of good and sufficient cause.

(b) 

A determination that failure to grant the variance would result in exceptional hardship to the applicant.

(c) 

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense; or create nuisances, cause fraud on or victimization of the public as identified in Subsection A(4); or conflict with existing local laws or ordinances.

(6) 

Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.