In order to undertake any development in the County floodplain other than as permitted in Section 32-205(b) of the County Code, the applicant must obtain a waiver from the Director or the Director's designee. The request for waiver shall include: The information required for a permit for development as set forth in this Division; A statement explaining the need for the development, any public benefit to be derived, and the actions that will be taken to reduce the threat of any potential flooding, flood damage, or adverse environmental impacts; Plans and studies as required by the Department. The Name, address, and telephone number of the applicant and property owner; a legal description of the property; a parcel map; a description of the existing use; description of the proposed use; a site map showing the location of flood hazard areas, designated floodway boundaries, flood zones, base flood elevations, flood protection setbacks; and a description of the waiver sought; and If the application is for a waiver to allow the lowest floor (A Zones) or bottom of the lowest horizontal structural member (V Zones and Coastal A Zones) of a building or structure below the applicable minimum elevation required by these regulations, the application shall include a statement signed by the owner that, if granted, the conditions of the waiver shall be recorded on the deed of the property. Required plans and studies. The Department may require plans and studies to be submitted. All studies shall be subject to approval by the Department. All studies and calculations furnished to satisfy this provision shall become the property of the County and may be used by the County for reviewing other development or for other purposes. The request for a waiver shall include all necessary documentation, including analysis of hydrology and hydraulic requirements, as defined in the Prince George's County Stormwater Management Design Manual (latest edition) for technical analysis by the Department. The Director shall grant a waiver only upon determining that: There is good and sufficient cause that is based solely on the physical characteristics of the property and cannot be based on the character of the improvement, the personal characteristics of the owner/inhabitant, or local provision that regulate standards other than health and public safety; The granting of the waiver will not result in additional threats to public safety, or other adverse impacts on other public or private property either upstream, downstream or adjacent to the subject property; The granting of the waiver will not result in fraud or victimization of the public; The waiver is the minimum necessary, considering the flood hazard, to afford relief to the owner, and public funds shall not be expended to mitigate the results of the waiver; The development will not violate other Federal, State or local laws or regulations; The waiver does not violate the purpose and intent of this Division; The failure to grant the waiver would result in exceptional hardship due to the physical characteristics of the property. A building, structure or other development is protected by methods to minimize flood damages; and A waiver is the minimum necessary to afford relief, considering the flood hazard. Waivers will not be granted for any filling, or the construction or placement of any structures or obstructions which will ultimately be located in the FEMA-designated Floodways. Within the floodplain, waivers shall not be granted for any new structures, the lowest floors of which are below flood protection elevations. If granted, a waiver shall involve only the least modification necessary to provide relief. If it should become necessary to grant a waiver, the applicant shall be required to comply with all applicable requirements of the National Flood Insurance Program regulations (60.3d) including the requirements for elevation, flood proofing and anchoring. The applicant must also comply with any other requirements considered necessary by the Department. Notwithstanding any of the provisions above, all structures shall be designed and constructed so as to have the capability of resisting the 1-percent annual chance (100-year) flood. Flood proofing is not an option in residential construction. All residential structures must be elevated. A record of all waiver actions, including justifications for their issuance, shall be maintained by the Department, shall be included in a bi-annual report submitted to the Federal Insurance Administrator, and shall be available upon request by FEMA or its authorized agent during periodic assessments of the County participation in the National Flood Insurance Program. As a condition of the waiver, the owner of the property being developed shall be required to execute covenants to provide notice of the waiver, the potential for higher insurance premium rates, commensurate with the increased risk (with rates up to $25 per $100 of insurance coverage), the flood hazard, and any responsibilities of the owner to maintain flood proofing or stream modification facilities or systems, which covenants shall be recorded among the Land Records of the County. Where there will be enclosed areas below the 1-percent annual chance (100-year) flood elevation, the owner shall provide a statement to be recorded in the Land Records of the County which reads, "No conversion of this area to habitable space is to occur unless the lowest floor is elevated at or above the flood protection elevation. At this site the flood protection elevation is _______ in _______ (datum)." All construction within the floodplain must indicate whether any portion of the site lies within the danger reach of any existing or planned upstream dams. For information on danger reach, please refer to Prince George's County Soil Conservation District Soil Erosion and Sediment Control Pond Safety Reference Manual (PGSCD Reference Manual). Considerations for Waiver. The Director shall consider and make findings of fact on all evaluations, all relevant factors, requirements specified in other sections of these regulations, and the following factors: The danger that materials may be swept onto other lands to the injury of others; The danger to life and property due to flooding or erosion damage; The susceptibility of the proposed development and its contents (if applicable) to flood damage and the effect of such damage on the individual owner; The importance of the services to the community provided by the proposed development; The availability of alternative locations for the proposed use which are not subject to, or are subject to less flooding or erosion damage; The necessity to the facility of a waterfront location, where applicable, or if the facility is a functionally dependent use; The compatibility of the proposed use with existing and anticipated development; The relationship of the proposed use to the comprehensive plan and hazard mitigation plan for that area; The safety of access to the property in times of flood for passenger vehicles and emergency vehicles; 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; The costs of providing government 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; and The comments provided by the Department and/or the MDE.