13.25.050 Drainage review design deviations and design variances

13.25.050 Drainage review design deviations and design variances.

(1) Any applicant requesting to modify or deviate from any of the standards outlined in this chapter shall be subject to the design deviation and variance process as outlined in the Design and Construction Standards pursuant to the process established by Chapter 12.60 CMC and under CMC 14.30.050.

(a) Additional information shall be submitted if required by the Director. The permit applicant shall be responsible for all costs associated with analyses, documentation and additional review time of the design deviation or variance, in accordance with the process established by the Director.

(b) Requests for a design deviation or variance from the minimum requirements may be considered for permits that have not yet expired; provided, that the design deviation or variance request is submitted a minimum of 90 calendar days prior to the permit expiration date. The 90-day requirement may be increased by the Director depending on the complexity of the design deviation or variance. The permit applicant is responsible for fully meeting the minimum requirements if the design deviation or variance is not approved prior to the permit expiration.

(c) Requests for a design deviation or variance from the minimum requirements will not be accepted within 90 days prior to the expiration date of the NPDES Phase II Permit.

(2) Any request for the following stormwater facilities shall be subject to a Type 2 variance land use decision in accordance with Chapter 18.125 CMC. The applicant shall evaluate LID alternatives provided in CMC 13.25.047 and identify that soil and site conditions cannot accommodate LID BMPs prior to submitting a variance request.

(a) Stormwater detention vault;

(b) Wet pond; or