9-14-3-1: WAIVERS AND VARIANCES:

   A.   Waiver Or Modification: The Director may waive or modify the requirement for all or part of the erosion control plan or report upon a determination that the plan or requirement is unnecessary due to the size, character or natural conditions of a site.

      1.   To obtain a waiver or modification, a written request must be submitted to the Director, along with the permit application and the applicable fees, detailing each requirement for which a waiver or modification is sought, the reasons for the request, and the potential impact of the waiver or modification.

      2.   The Director may place conditions upon a grant of waiver or modification deemed necessary to substantially secure the objectives of the standards or requirements being waived or modified.

      3.   The Director shall be responsible for ensuring that a waiver or modification would not adversely affect the public welfare or the interests of the City, and the general intent of this chapter is preserved.

      4.   A request for waiver or modification, and the decision of the Director related to such request, shall be enclosed with and made part of the permit application and erosion control plan.

      5.   A denial of the waiver or modification may be appealed in accordance with the requirements of section 9-14-3-2 of this chapter.

   B.   Variance: If undue hardship would result from strict application of the requirements of this chapter, a variance may be requested:

      1.   The variance request must be submitted in writing to the Director with the applicable fee, and must detail the reason for the request and include documentation, if necessary.

      2.   If a request for variance is denied, the denial may be appealed in accordance with the requirements of section 9-14-3-2 of this chapter.

      3.   A variance shall not be considered a right or special privilege. (Ord. 48-14, 12-16-2014, eff. 1-1-2015)