§ 270-192. Variances.

A. 

Standards. An owner who experiences unnecessary hardship as a consequence of the literal interpretation of the provisions of these rules and regulations may request a hearing by the Commissioner of Health. The Commissioner may grant a variance of the requirements of the rules and regulations if the Commissioner finds that the health, welfare and safety of the consuming public will be protected. In making this determination, the Commissioner shall consider the following factors and make findings with respect to each:

(1) 

Whether the use or activity to be authorized by the variance is in harmony with the purpose and intent of these rules and regulations.

(2) 

Whether a substantial change will be produced in the general condition of the resource or a substantial risk to groundwater quality or quantity will be created as a result of the variance.

(3) 

Whether the hardship can be alleviated by some other method that is feasible for the applicant to pursue.

(4) 

After considering all permitted uses, whether the property in question cannot yield a reasonable return if used for any purpose allowed in that protection zone.

(5) 

Whether the variance requested is the minimum variance necessary to afford relief. To this end, the Health Department may grant a lesser variance than that applied for.

(6) 

Whether the hardship has not been created by the applicant.

B. 

Decision of the Commissioner. The Commissioner may request the Municipal Water Purveyor and the Board to review any application for a variance prior to reaching a determination with respect to the request. The Commissioner may impose such conditions as he may deem necessary to serve the purpose and intent of these rules and regulations.

(1) 

The Commissioner shall act on all requests within 60 days of a complete variance application. Failure to act within this sixty-day period shall be deemed a denial of the application.

(2) 

Every decision of the Health Department to grant, grant with conditions or deny a variance request shall be made in writing and served to the Board, the appropriate Municipal Water Purveyor and the applicant and shall include all findings made with respect to the aforementioned factors. All conditions shall be expressly set forth and the reasons for such conditions specified. Violations of the conditions of a variance shall be deemed a violation of these rules and regulations.

(3) 

The issuance of a variance shall not authorize the establishment or extension of any use nor the construction of any structure but shall merely authorize the filing of an application for any permit or approval that may be required by the municipality in which such action is proposed.

C. 

Variance application procedure. Applications for a variance shall be submitted to the appropriate Municipal Water Purveyor in the form of a registered letter and shall contain at least the following information:

(1) 

The applicant's name, address and interest in the subject property; or the owner's name and address, if different from the applicant, and the owner's signed consent to file the application.

(2) 

The protection zone location, along with the street address and legal description of the subject property.

(3) 

A narrative description of the proposed use or action, together with any other pertinent information that may be necessary to adequately review the application.

(4) 

A sketch plan illustrating all proposed site alterations, all structures existing on site, the existing uses and zoning of adjacent parcels, site contours and drainage patterns.

(5) 

A statement articulating the hardship imposed by the enforcement and administration of these rules and regulations, with specific reference to the factors listed in § 270-192A of these rules and regulations.

(6) 

A statement assessing the potential impact on groundwater quality of the use or activity to be authorized by the waiver or variance.