§ 6.04.02. Access Management Review Procedures And Submission Requirements

A.

General Procedure

Except as modified below, an application for a connection permit shall be submitted and reviewed in accord with the Procedures for Issuance of Development Permits at 10.01.00 of this Code. Information shall be submitted in accord with the requirements in the Development Review Procedures Manual, Section 4.1.7.

B.

Variance Procedure and Criteria

1.

A request for variance from the standards or requirements of this Division shall be submitted to the issuing authority with the permit application and shall be considered an attachment to the permit application form. The request for variance shall include specific and documented reasons for the request.

2.

The issuing authority shall consider the variance request along with the permit application. If, in the opinion of the issuing authority, the variance request is consistent with the requirements of this Section, the variance may be accepted. If the remainder of the permit application is in order, the permit may be approved and the accepted variance attached.

3.

In the consideration of the variance request, the issuing authority shall determine to the best of its ability if the following circumstances are met: (a) there is an unreasonable burden on the applicant, (b) the variance would not be detrimental to the public health, safety, and welfare, (c) without the variance, reasonable access cannot be provided. In the evaluation of the variance request, the issuing authority shall give valid consideration to the land use plans, policies, and local traffic circulation/operation of the site and adjacent areas.

4.

The issuing authority shall review all the materials submitted with the variance request and, if necessary, request additional information or justification from the applicant.

5.

When, in the opinion of the issuing authority, all of the criteria listed in subsection 3 above are met, than the issuing agency may authorize a variance from the standards and requirements of this document.

6.

The conclusion of the issuing authority regarding the variance shall be in writing and signed by the Administrator. A copy of the variance conclusion, along with all pertinent information shall be included as part of the permit application record. The issuing authority may include in its action, any special terms or conditions that shall be imposed on the permit, if approved.

7.

The conclusion of the issuing authority with respect to approval or denial of a variance request may be appealed to the Administrator.

8.

The conclusion of the Administrator with respect to approval or denial of a variance request may be appealed to the Land Use Hearing Officer.

C.

Final Inspection

1.

All approved connection permits shall remain valid for 180 days or until the work covered by the permit is properly completed, whichever occurs first, except in those instances when a connection permit is issued with a Building Permit, Site Development or Subdivision Construction Plan Approval. In this case, the connection permit will remain valid as long as the construction approvals listed above, remain valid.

2.

The Permittee shall notify the Planning and Growth Management Department's Construction Services Section when the connection or other work on the site is ready for final inspection. In order to assure timely inspection, the permittee shall give two (2) working days notice of the desire for a final inspection.

3.

As-built plans are required if the following construction is accomplished in County right-of-way:

a.

Main-line roadway improvements including, but not limited to, additions of through or auxiliary lanes, acceleration/deceleration lanes or tapers.

b.

Stormwater, water, wastewater and reclaimed water, improvements exceeding 100' in length, and associated inlets and man holes.

4.

As-built plan packages shall be supplied in accordance with the requirements of the Development Review Procedures Manual Section 4.1.5 for the applicable development type.

5.

If the work covered by the connection permit is not substantially complete within the time frames listed above, the Permittee may request, in writing, from the issuing authority, one additional 180-day time extension, or an extension equal to the time frame for a site development or subdivision construction plan approval extension. If construction is substantially complete upon the expiration of the original permit (if no time extension is requested) or upon expiration of the time extension, if granted, the permit shall be invalid.

6.

A permit which becomes invalid as a result of the expiration of the time limits and extension, if any, before construction has begun, shall require a new application which will be reviewed as per the requirements of this document and which may result in the issuance of a new permit which may contain new or modified conditions of approval.

7.

A permit which becomes invalid as a result of the expiration of the time limits and extensions, if any, after construction has, in the opinion of the issuing authority substantially begun, may be required to submit a new application which will be reviewed as per the requirements of this document and which may result in the issuance of a new permit which may contain new or modified conditions of approval.

(Ord. No. 01-26, § 2, 9-12-01)