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DRAFT 927.99 STREETS, UTILITIES AND PUBLIC SERVICES CODE 66R (Ord. 94-100. Passed 8-16-94.) Storm Water Management and Urban 927.10 VARIANCE. The City Council may grant a variance to these regulations where the owner or his appointed representative can show that a hardship exists whereby compliance with these regulations is not appropriate, based upon the following: (a) That exceptional topographic or other physical conditions exists which are peculiar to the particular parcel of land; (b) That the peculiar condition in paragraph (a) did not result from previous actions by the owner. Adverse economic conditions shall not be considered as a valid reason or a hardship for a variance request to be granted. No variances will be granted where activities occur that will defeat the purposes of regulations. City Council may impose stricter requirements in some portion of a development to compensate for a variance affecting a portion of the development. The request for a variance shall be submitted to City Council with a copy to the City Engineer and shall state the specific variances sought and include sufficient data to justify the granting of a variance. (Ord. 94-100. Passed 8-16-94.) 927.11 SENSITIVE AREA IMPACT CRITERIA. (a) The control of sediment pollution of sensitive areas by accelerated erosion from earth-disturbing activity may require additional erosion and sediment control practices beyond those indicated in these rules. In such instances, the owner or person responsible for earth- disturbing activity shall analyze potential impacts and potential erosion and sediment control practices. (b) The analysis shall identify: (1) Sensitive areas that receive drainage from the proposed development area; (2) Existing water uses and biological characteristics of receiving waters; (3) The probability of sediment reaching sensitive areas; and (4) The percentage of the sensitive area's contributing drainage area that is proposed for the earth-disturbing activity. (c) Information gained by the analysis shall be incorporated into the erosion and sediment control plan and taken into consideration by the City during the plan review process. The City Engineer shall make the final decision as to the limits of any sensitive area. (Ord. 94-100. Passed 8-16-94.) 927.12 DEPOSIT. All inspection costs associated with inspections for compliance with the requirements of this Chapter are chargeable to the grade deposit required by Chapter 1353 of the Building Code. (Ord. 94-100. Passed 8-16-94.) 927.99 PENALTY. Whoever violates or fails to comply with any of the provisions of this Chapter shall be guilty of a misdemeanor of the fourth degree and shall be fined not more than two hundred fifty dollars ($250.00) or imprisoned not more than thirty (30) days, or both. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues. (Ord. 94-100. Passed 8-16-94.)