(a) Any person or entity against whom the Town of Dyer has applied any provision of this ordinance may appeal the Town's action to the SWMB. The appealing party must file its appeal within ten (10) days of the date of the action being appealed. Failure to file an appeal within that time renders the action final. An appeal must be in writing and set forth in detail the basis for the appeal. The SWMB must hear the appeal at its next regular meeting scheduled at least seven (7) days after the filing of the appeal. The appeal hearing may be continued to subsequent meetings if additional time is needed to hear evidence. The appealed action remains effective pending a decision on appeal.
(b) On appeal, the SWMB may consider the following in deciding the appeal:
(1) Any evidence presented by the appellant;
(2) Recommendations and evidence presented by any engineer for the Town of Dyer or the SWMB;
(3) Recommendations and evidence presented by the Town of Dyer or any of its Boards, Commissions, or Departments; and
(4) Any other relevant evidence or testimony from persons or entities having knowledge of the matter being considered on appeal.
(c) The SWMB, after concluding the hearing of the appeal, may affirm, reverse, or modify the appealed action.
(d) The SWMB must issue its decision in writing no more than forty-five (45) days after the appeal hearing concludes.
(e) Upon appeal, the SWMB may grant a variance or modification from the requirements of this ordinance to provide either whole or partial relief the appealed action. Such a variance or modification may only issue upon a finding by the SWMB that all of the following requirements are fulfilled:
(1) The application of the ordinance provisions to the appealed action will present or cause practical difficulties for a development or development site, excluding the reasonable costs and expenses necessary to comply with this ordinance; and
(2) That the granting of the requested variance or modification will not materially violate the requirements and purposes of this ordinance; and
(3) That the granting of the requested variance or modification will not materially impact the proper management of stormwater runoff in the Town of Dyer and surrounding areas. (Ord. No. 2021-32, §1, 11-10-21)