11-16-8-2: APPLICATION FOR VARIANCE:

   A.   Generally: An application for a variance, signed by the owner or developer of the development to which it relates, shall be filed with the Administrator. No application for a variance will be accepted for filing unless it relates to a previously or contemporaneously filed application for a stormwater management permit. Applications for a variance shall be filed in the number of duplicate copies as the Administrator may designate by administrative order. No action will be taken on an application for a variance unless it and the corresponding application for a stormwater management permit to which it relates are complete as determined by the Administrator. The Administrator shall send a copy of the complete application to the Director and to all other certified communities within the same watershed.

   B.   Form: Applications for a variance need not be made upon any specific form, but shall contain the information set forth in subsection C of this section.

   C.   Application For Variance: An application for variance shall set forth:

      1.   The common addresses and legal descriptions of all lands comprising the development;

      2.   The names and addresses of all owners of record of the legal title of all lands comprising the development;

      3.   If title to any of the land comprising the development is held in trust, the names and addresses of all beneficiaries of the trust;

      4.   The names and addresses of the developers of the land, if different from the owner;

      5.   The names and addresses of all consultants retained by the developer in connection with the application for a variance;

      6.   The names and addresses of all property owners within two hundred fifty feet (250') of the development;

      7.   The specific feature or features of the development that require a variance;

      8.   The specific provision of this chapter from which a variance is sought and the precise extent of the variance therefrom;

      9.   A statement of the characteristics of the development that prevent compliance with the provisions of this chapter;

      10.   A statement that the variance requested is the minimum variance necessary to permit the development; and

      11.   A statement as to how the variance requested satisfies the standards set forth in section 11-16-8-5 of this section 11-16-8. (Ord. 1893, 1-23-2019)