The Chief may grant a written variance from any requirement of this chapter if there are exceptional circumstances applicable to the site such that strict adherence to the provisions of this chapter will result in unnecessary hardship and not fulfill the intent of this chapter. A written request for variance will state the specific variances sought and reasons for their granting. All variances granted by the Chief must adhere to the Stormwater Management Subtitle.[1] The applicant must demonstrate that the implementation of ESD to the MED has been investigated thoroughly before a variance is considered. Variances shall be addressed and submitted to the Chief prior to the submission of the final stormwater management plan.
[1]
Editor's Note: See Environment Article, Title 4, Subtitle 2, Annotated Code of Maryland.
A. 
Granting of administrative waivers. The County may grant an administrative waiver to a development that received a preliminary stormwater management approval prior to May 4, 2010. The administrative waiver is to remain in effect for the time described in Subsection B and C below, and any construction after expiration of the administrative waiver must follow this chapter's requirements in force at the time of expiration. Phased projects which have been granted an administrative waiver, and have constructed stormwater facilities designed to meet ordinance requirements in place before May 4, 2009, shall use reasonable efforts to incorporate ESD.
B. 
Expiration of administrative waiver.
(1) 
An administrative waiver granted under Subsection A of this section shall expire on May 4, 2013, unless the development receives a final project approval prior to that date.
(2) 
Unless an administrative waiver has previously expired under Subsection B(1), an administrative waiver granted under Subsection A of this section shall expire on May 4, 2017, regardless of when the development received preliminary or final stormwater management approval.
(3) 
Except as provided below in Subsection C, the County shall not issue any extensions of the waiver.
C. 
Extension of administrative waiver.
(1) 
The County reserves the right to extend the deadline for final project approval under Subsection B(1) or the expiration of the administrative waiver under Subsection B(2) of this section if, by May 4, 2010, the development had received a preliminary stormwater management approval and was subject to a development rights and responsibilities agreement, a tax increment financing approval or an annexation agreement.
(2) 
Any extension granted under this subsection shall expire when the development rights and responsibilities agreement, the tax increment financing approval or annexation agreement expires.
Appeals to decisions made by the County Engineer may be appealed in writing to the Chief. Decisions made by the Chief may be appealed in writing to the Director of the Department.