Linear Infrastructure Variance

A Linear Infrastructure Variance is a limited variance only available to city, county, state, or federal governments. Examples of public sector linear infrastructure systems that may be eligible for such a variance include roads, sidewalks, bikeways, water and sewer systems, stormwater systems, telecommunication lines, or gas and electric systems. Linear Infrastructure Variances are limited to public infrastructure. By their nature, such systems cover significant amounts of land. On occasion, that land may be environmentally sensitive. The ongoing maintenance and provision of public infrastructure is a public good. Within defined parameters, a Linear Infrastructure Variance may allow limited intrusion into an environmental feature to provide or maintain public infrastructure.

Project Details

An application for a linear infrastructure variance should include the following: a.) The request and the need for the variance; b.) The impacts to environmental features; c.) Other alternatives and why they are not feasible; d.) The mitigation proposed; and e.) A cost/benefit analysis.

Submittal Requirements

A Natural Features Inventory (NFI) must be approved first. Also, the Environmental Impact Analysis (EIA) must evaluate other feasible alternatives and determine appropriate mitigation.

Review

Applications impacting less than or equal to two acres of development activity within the regulated feature are reviewed by staff. Applications impacting more than two acres are reviewed by the City Commission. A Linear Infrastructure Variance may be approved if an applicant demonstrates that all practical alternatives have been evaluated, that the public sector project cannot practically be completed within the 5% threshold, that the project cannot be redesigned to avoid impacting the conservation or preservation area, that the applicant demonstrates that impacts to the conservation or preservation areas are minimized, and that adequate mitigation will be provided which results in a net environmental benefit.

Approval

Depending on the size of the environmental feature that is impacted, applications are reviewed by either staff (< 2 acres) or the City Commission (> 2 acres). The applicant will be notified when the application is approved and the executed document will be uploaded into ePlan Review in a .pdf file for the applicant to download.

Appeals

Staff decisions may be appealed to the Environmental Board. The decisions of the Environmental Board shall be final, subject to such legal remedy as any aggrieved party might have.

Information Sheets and Checklists

Document Submission Requirements and Naming Conventions