§ 28-226. Variances/exemptions.

A permittee or ROW user may request a variance from any of the requirements of this article by filing a written request with the director stating the requirement and the basis for requesting the variance. Incomplete variance requests may be rejected. The applicant shall bear its own expenses of the application process.

(a)

Any request for a variance from any right-of-way restoration requirement shall be made in writing in advance of any contemplated work and shall be accompanied by digitally formatted detailed plans of the substituted reconstruction and/or repair of the excavated area, if applicable.

(b)

Any request for an exemption from any penalty or fee other than as provided in this [article] shall be made in writing and shall be accompanied by a written detailed request stating the reason thereof.

(c)

Any request for an exemption from any permit, or any other requirement of this article shall be made in writing, by detailed written request therefor, stating all pertinent reasons.

(d)

The department shall grant or deny an application for a variance within ten (10) days of receipt of the application for variance.

(e)

Denial of the variance may be appealed in accordance with the appeal section of this article.

(Ord. No. 2009-O-045, 4-6-09)