(A) Any person to whom any provision of this section has been applied may appeal in writing, not later than 30 days after the action or decision being appealed from, to the County Drainage Board the action or decision whereby any such provision was so applied. Such appeal shall identify the matter being appealed, and the basis for the appeal.
(B) The County Drainage Board shall consider the appeal and make a decision whereby it affirms, rejects or modifies the action being appealed. In considering any such appeal, the County Drainage Board may consider the recommendations of the County Surveyor’s Office and the comments of other persons having knowledge of the matter.
(C) In considering any such appeal, the County Drainage Board may grant a variance from the terms of this section to provide relief, in whole or in part, from the action being appealed, but only upon finding that the following requirements are satisfied:
(1) The application of the section provisions being appealed will present or cause practical difficulties for a development or development site; provided, however, that practical difficulties shall not include the need for the developer to incur additional reasonable expenses in order to comply with the section; and
(2) The granting of the relief requested will not prevent the goals and purposes of this section, nor result in less effective management of stormwater runoff.
(Ord. 10-1-1.2, passed 12-5-2005)