<?xml version='1.0' encoding='utf-8'?>
<baltimore-city-law heading="§ 5-3 Considerations; Findings of fact.">
  <section prefix="§" num="5-3" heading="Considerations; Findings of fact.">
    <para num="(a)" heading="Request for MDE comments.">The Floodplain Manager must:<para num="(1)">request the NFIP State Coordinator, Maryland Department of the Environment, to comment on variance applications; and</para>
      <para num="(2)">submit those comments, when received, to the Director of the Planning Department.</para>
    </para>
    <para num="(b)" heading="Factors to consider.">In considering a variance application, the Planning Department must consider and make findings of fact on all evaluations, relevant factors, and requirements specified in this Division I, including:.<para num="(1)">the danger that materials may be swept onto other lands to the injury of others;</para>
      <para num="(2)">the danger to life and property due to flooding or erosion damage;</para>
      <para num="(3)">the susceptibility of the proposed development and its contents to flood damage and the effect of that damage on the individual owner;</para>
      <para num="(4)">the importance of the services to the community provided by the proposed development;</para>
      <para num="(5)">the availability of alternative locations for the proposed use that are not subject to or are subject to less flooding or erosion damage;</para>
      <para num="(6)">the need of a waterfront location for the proposed use and whether the proposed use is a functionally dependent use;</para>
      <para num="(7)">the compatibility of the proposed use with existing and anticipated development;</para>
      <para num="(8)">the relationship of the proposed use to the comprehensive plan for that area;</para>
      <para num="(9)">the safety of access to the property in times of flood for passenger vehicles and emergency vehicles;</para>
      <para num="(10)">expected heights, velocity, duration, rate of rise, and sediment transport of floodwaters and the effects of wave action, if applicable, expected at the site;</para>
      <para num="(11)">the costs of providing government services during and after flood conditions,   including maintenance and repair of public utilities and facilities, such as streets, bridges, and sewer, gas, electrical, and water systems;</para>
      <para num="(12)">the comments provided by NFIP State Coordinator; and</para>
      <para num="(13)">the intent of environmental projects taking place on public land, including associated benefits and co-benefits.</para>
    </para>
    <annotation type="History">Ord. 14-208</annotation>
    <annotation type="History">Ord. 21-020</annotation>
  </section>
</baltimore-city-law>
