A permittee or right-of-way user may request a variance from
any of the requirements of this article by filing a written request
with the right-of-way manager stating the requirement and the basis
for the variance. The right-of-way manager may reject incomplete variance
requests. The applicant shall bear its own expenses of the application
process.
(1)
Any request for a variance from any right-of-way restoration requirement
shall be made in writing, in advance of any contemplated work and
shall be accompanied by digitally formatted detailed plans of the
substituted reconstruction and/or repair of the excavated area, if
applicable.
(2)
Any request for an exemption and/or variance from any penalty and/or
fee, other than as provided in this article, shall be made in writing,
and shall be accompanied by a written detailed request stating the
reasons therefor.
(3)
Any request for an exemption and/or variance from any permit, or
any other requirement of this article shall be made in writing, stating
in detail all reasons for the requested exemption and/or variance.
(4)
The department shall grant or deny an application for a variance
and/or exemption within ten days of receipt of the application for
variance and/or exemption.
(Ordinance 2017-35, sec. 3.01, adopted 8/8/17)
