The local administrator, or its agent, is authorized to review
and approve permit applications to ensure that sites are reasonably
protected from flooding and to require that all other required state
or federal permits are obtained and that copies of such permits be
provided and maintained on file with the flood zone development permit.
The local administrator may delegate its authority to review and approve
permit applications to its agent pursuant to such terms and conditions
that the local administrator may promulgate from time to time.
The local administrator shall obtain and maintain on file all
data provided with permit applications and as-built lowest floor elevations
for all new construction or substantially improved structures in the
special flood hazard area. These files shall be available for public
inspection and shall include base flood and elevations data required
by these regulations.
A.
Appeals from decisions of the local administrator, or its agent,
and requests for variances from the Floodplain Management Regulations
shall be heard and decided by the Zoning Board of Appeals of the Town
of Weston. In reviewing variance applications or appeals, the Zoning
Board of Appeals shall examine the hardships based upon the following
criteria:
(1)
A showing of good and sufficient cause;
(2)
A determination that failure to grant the variance would result in
exceptional hardship; and
(3)
A determination that the granting of a variance will not result in
increased flood heights, additional threats to the public safety,
extraordinary public expense or create nuisances.
B.
Any applicant to whom a variance is granted shall be given written
notice specifying the difference between the base flood elevation
and the elevation to which the structure is to be built and stating
that the cost of flood insurance will be commensurate with the increased
risk resulting from the reduced lowest floor elevation.
C.
The local administrator shall maintain the records of all appeal
actions and report any variances to the Federal Emergency Management
Agency (FEMA) in its biennial report.
The local administrator shall make provisions for field inspections
in cases where it is necessary to decide a conflict between flood
maps and conditions in the field. Such decisions may be made without
a public hearing.
These regulations may be amended, changed or repealed in accordance
with Chapters 124 and 126 of the Connecticut General Statutes.
Where development in a special flood hazard area may have an
impact on an adjacent municipality, the local administrator shall
notify the adjacent municipality and request comments on the flood
zone development permit application.
The degree of flood protection required by this regulation is
considered the minimum reasonable for regulatory purposes and is based
on scientific and engineering consideration and research. Larger floods
can and will occur on rare occasions. Flood heights may be increased
by man-made or natural causes. This regulation does not imply or guarantee
that land outside the special flood hazard area or uses permitted
in such areas will be free from flooding and flood damages. This regulation
shall not create liability on the part of Town of Weston or by any
officer or employee thereof for any flood damages that result from
reliance on this regulation or any administrative decision lawfully
made thereunder. The Town of Weston, its officers and employees shall
assume no liability for another person's reliance on any maps,
data or information provided by the Town of Weston.
If any section, subsection, paragraph, sentence, clause or phrase
of this regulation should be declared invalid for any reason whatsoever,
such decision shall not affect the remaining portions of this regulation,
which shall remain in full force and effect, and to this end the provisions
of this regulation are hereby declared to be severable.
This regulation is not intended to repeal, abrogate or impair
any existing easements, covenants or deed restrictions. However, where
this regulation and another ordinance, regulation, easement, covenant
or deed restriction conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
In the interpretation and application of this regulation, all
provisions shall be:
