12.04.020 Deviations.
A deviation from the engineering standards is a mechanism to allow the City Engineer to grant an adjustment in the application of engineering standards. The deviation process follows the Process I application procedures, described in LMC 18A.20.310, except the City Engineer is responsible for the administrative decision.
An administrative decision on a request for a deviation shall be in writing and may be appealed pursuant to the appeal procedures outlined in Chapter 18A.30 LMC, Article IV.
Deviations may be granted when the proposal is based on engineering principles designed to solve or improve a site-specific issue that achieves results similar to or greater than those described in these regulations.
Criteria for granting a deviation are:
A. The granting of such deviation will not be materially detrimental to the public welfare or injurious or create adverse impacts to the property or other property(s) and improvements in the vicinity and in the zone in which the subject property is situated.
B. A deviation from engineering standards shall only be granted if the proposal meets the following criteria:
1. Conform to the intent and purpose of these regulations;
2. Produce a compensating or comparable result which is in the public interest;
3. Meet the objectives of safety, function and maintainability based upon sound engineering judgment.
C. Deviations from road standards shall meet the objectives for public safety as identified in the International Fire Code (IFC). Any deviation from road standards, which does not meet the IFC, shall also require concurrence by the Fire Marshal.
D. Deviations from drainage standards shall meet the objectives for appearance, quality, and environmental protection.
E. Deviations from drainage standards shall be shown to be justified and required for the use and situation intended.
F. Deviations from drainage standards for facilities that request use of an experimental water quality facility or flow control facilities shall meet these additional criteria:
1. The new design is likely to meet the identified target pollutant removal goal or flow control performance based on limited data and theoretical consideration;
2. Construction of the facility can, in practice, be successfully carried out;
3. Maintenance considerations are included in the design, and costs are not excessive or will be borne and reliably performed by the applicant or property owner.
G. Any deviation from utility standards, for utilities not owned and operated by the City, shall require concurrence by the utility provider. [Ord. 726 § 2(Exh. A), 2019; Ord. 501 § 3, 2009.]