(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 division (C) below.
(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 250 feet 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 there from;
(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 § 55.144 of this chapter.
(Res. 02-441, passed 10-17-2002; Res. 02-495, passed 11-21-2002; Res. 04-87, passed 3-17-2004)