(A) The town may grant, upon application, a written variance from the stormwater requirements found in Article V of this chapter. A written request for variance shall be provided to the town, and shall state the specific variances sought and reasons for their granting.
(B) The variance shall comply, as nearly as possible, in every respect to the spirit, intent, and purpose of this chapter; it being the purpose of this provision to authorize the granting of variations only for reasons of demonstrable unwarranted hardship, as distinguished from variations sought by applicants for purposes or reasons of convenience, profit, or caprice.
(C) The town shall evaluate the cumulative effects of other developments that are relinquished from the requirements of stormwater management.
(D) In order to grant a variance, the town must find the following:
(1) Exceptional circumstances exist applicable to the site such that strict adherence to the provisions of this chapter will result in unnecessary hardship and not fulfill the intent of the chapter; and
(2) Implementation of ESD to the MEP has been investigated thoroughly.
(E) The decision granting or denying the variance shall be in writing and shall be signed by the town, which shall mail a copy of the decision to the applicant. The decision shall be made a part of the public record of the proceedings on file in the town.
(F) After the town has granted a variance, the variance so granted shall lapse after the expiration of one year, if no substantial construction has taken place in accordance with the approved plan for which it was granted, or if the decision does not specify a period longer than one year for good cause shown.
(G) The procedure for amendment of a variance already approved or a request for a change of conditions attached to an approval shall be the same as for a new application.
(H) Within 30 days of the decision, any person aggrieved by the decision of the town may appeal the decision to the town Board of Appeals.
(Ord. 08-2010, passed 11-1-2010)