§ 5-3. Considerations; Findings of fact.

(a) Request for MDE comments.

The Floodplain Manager must:

(1) request the NFIP State Coordinator, Maryland Department of the Environment, to comment on variance applications; and

(2) submit those comments, when received, to the Director of the Planning Department.

(b) 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:.

(1) the danger that materials may be swept onto other lands to the injury of others;

(2) the danger to life and property due to flooding or erosion damage;

(3) the susceptibility of the proposed development and its contents to flood damage and the effect of that damage on the individual owner;

(4) the importance of the services to the community provided by the proposed development;

(5) the availability of alternative locations for the proposed use that are not subject to or are subject to less flooding or erosion damage;

(6) the need of a waterfront location for the proposed use and whether the proposed use is a functionally dependent use;

(7) the compatibility of the proposed use with existing and anticipated development;

(8) the relationship of the proposed use to the comprehensive plan for that area;

(9) the safety of access to the property in times of flood for passenger vehicles and emergency vehicles;

(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;

(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;

(12) the comments provided by NFIP State Coordinator; and

(13) the intent of environmental projects taking place on public land, including associated benefits and co-benefits.