A.
In order to permit the reasonable utilization of property, the Board
of Commissioners may grant a modification of the requirements of one
or more provisions of this chapter if literal compliance will result
in undue hardship or be unreasonable as it is applied to a particular
property, or if the applicant establishes to the satisfaction of the
Board of Commissioners that an alternative proposal will allow for
equal or better results, provided that such modification will not
be contrary to the public interest and fulfills the purpose and intent
of this chapter.
B.
In granting any requested modification, the Board of Commissioners
may impose such conditions as will, in its judgment, secure substantially
the objectives of the standards and requirements of this chapter.
C.
All requests for modification shall be made in writing, shall be
signed by the applicant, shall accompany the submission of the stormwater
management site plan, and shall include:
(1)
The specific provision of this chapter with respect to which a modification
is desired.
(2)
The specific modification desired and the proposed alternative.
(3)
The applicant's justification for the modification, including
the full basis and facts of the alleged unreasonableness or undue
hardship, and an explanation of how the requested modification is
the minimum modification necessary to permit the reasonable utilization
of the property but still achieves the purposes and objectives of
this chapter.
D.
The Board of Commissioners shall maintain a written record of the
action taken on all requests for modification. Any modifications which
are granted or approved shall be set forth on the approved stormwater
management site plan and on the record plan.
