§ 151.018  WAIVERS; WATERSHED MANAGEMENT PLANS.
   (A)   Technical waivers.  The county may grant a waiver of the technical SWM requirements for individual developments based upon a written request submitted by the developer, which contains descriptions, drawings, and any other information that the county deems necessary to demonstrate that ESD has been implemented to the MEP. A separate written waiver request shall be required in accordance with the provisions of this section if there are subsequent additions, extensions, or modifications to a development receiving a waiver. A waiver shall be limited to the matters contained in the request and by the waiver granted. Waivers of the review and approval process may not be granted except in accordance with this section. Waivers may be granted if the following criteria are met.
      (1)   SWM quantitative control waivers shall be granted only to those projects within areas where watershed management plans have been developed consistent with division (A)(7) or in accordance with division (A)(5) below.
      (2)   If watershed management plans consistent with division (A)(7) below have not been developed, then SWM quantitative control waivers may be granted to projects provided that it has been demonstrated that ESD has been implemented to the MEP and the county determines that circumstances exist that prevent the reasonable implementation of quantity control practices.
      (3)   SWM qualitative control waivers apply only to:
         (a)   In-fill development projects where ESD has been implemented to the MEP and it has been demonstrated that other BMPs are not feasible;
         (b)   Redevelopment projects if the requirements of § 151.019 are satisfied; or
         (c)   Sites where the county determines that circumstances exist that prevent the reasonable implementation of ESD to the MEP.
      (4)   Waivers shall only be granted when it has been demonstrated that ESD has been implemented to the MEP and shall:
         (a)   Be on a case-by-case basis;
         (b)   Consider the cumulative effects of the county waiver policy; and
         (c)   Reasonably ensure that the development will not adversely impact stream quality.
      (5)   SWM quantitative and qualitative control waivers may be granted for phased development projects if a system designed to meet the state’s 2000 regulatory requirements and the county’s 2004 version of this chapter for multiple phases has been constructed by May 4, 2010. If the state’s 2009 regulatory requirements cannot be met for future phases constructed after May 4, 2010, all reasonable efforts to incorporate ESD in future phases must be demonstrated.
      (6)   If the county has established an overall watershed management plan for a specific watershed, then the county may develop quantitative waiver and redevelopment provisions that differ from division (B) below and § 151.019.
      (7)   A watershed management plan developed for the purpose of implementing different SWM policies for waivers and redevelopment shall:
         (a)   Include detailed hydrologic and hydraulic analyses to determine hydrograph timing;
         (b)   Evaluate both quantity and quality management and opportunities for ESD implementation;
         (c)   Include a cumulative impact assessment of current and proposed watershed development;
         (d)   Identify existing flooding and receiving stream channel conditions, on site and downstream;
         (e)   Be conducted at a reasonable scale;
         (f)   Specify where on site or off site quantitative and qualitative SWM practices are to be implemented;
         (g)   Be consistent with the “General Performance Standards for Stormwater Management” found in the Design Manual and the Supplement; and
         (h)   Be approved by the Administration.
      (8)   The county may grant a waiver of quantitative SWM requirements for individual developments in areas where watershed management plans have been developed, provided that a written request is submitted by the applicant containing descriptions, drawings, and other information that is necessary to evaluate the proposed development. A separate written waiver request shall be required in accordance with the provisions of this section if there are subsequent additions, extensions, or modifications to a development receiving a waiver.
   (B)   Administrative waivers.
      (1)   Definitions.  For the purpose of this division (B), the following definitions shall apply unless the context clearly indicates or requires a different meaning.
         ADMINISTRATIVE WAIVER.
            1.   A decision by the approving agency pursuant to this chapter to allow the construction of a development to be governed by the SWM chapter in effect as of May 4, 2009, in the county.
            2.   ADMINISTRATIVE WAIVER is distinct from a waiver granted pursuant to division (A) above.
         APPROVAL.
            1.   A documented action by the approving agency following a review to determine and acknowledge the sufficiency of submitted material to meet the requirements of a specified stage in the development review process.
            2.   APPROVAL does not mean an acknowledgment by the approving agency that submitted material has been received for review.
         FINAL PROJECT APPROVAL.
            1.   Approval of the final SWM plan and erosion and sediment control plan required to construct a project’s SWM facilities.
            2.   It also includes securing bonding or financing for final development plans if either is required as a prerequisite for approval.
         PRELIMINARY PROJECT APPROVAL.  An approval as part of the preliminary development or planning review process that includes, at a minimum:
            1.   The number of planned dwelling units or lots;
            2.   The proposed project density;
            3.   The proposed size and location of all land uses for the project;
            4.   A plan that identifies:
               a.   The proposed drainage patterns;
               b.   The location of all points of discharge from the site; and
               c.   The type, location, and size of all SWM measures based on site-specific SWM requirement computations.
            5.   Any other information required by the approving agency, including but not limited to:
               a.   The proposed alignment, location, and construction type and standard for all roads, access ways, and areas of vehicular traffic;
               b.   A demonstration that the methods by which the development will be supplied with water and wastewater service are adequate; and
               c.   The size, type, and general location of all proposed wastewater and water system infrastructure.
      (2)   Preliminary approval.  The county may grant an administrative waiver to a development that received a preliminary project approval prior to May 4, 2010. Administrative waivers expire according to division (B)(3) of this section and may be extended according to division (B)(4) of this section.
      (3)   Expiration of administrative waivers.
         (a)   Except as provided for in division (B)(4), an administrative waiver shall expire on:
            1.   May 4, 2013, if the development does not receive final project approval prior to that date; or
            2.   May 4, 2017, if the development receives final project approval prior to May 4, 2013.
         (b)   All construction authorized pursuant to an administrative waiver must be completed by May 4, 2017, or in accordance with division (B)(4) of this section.
      (4)   Extension of administrative waivers.
         (a)   Except as provided herein, an administrative waiver shall not be extended;
         (b)   An administrative waiver may only be extended if, by May 4, 2010, the development:
            1.   Has received a preliminary project approval; and
            2.   Was subject to a court order or an annexation agreement.
         (c)   Administrative waivers extended according to this section shall expire when the court order or annexation agreement expires.
(2004 Code, § 191-7)  (Ord. 01-12, passed 9-27-2001; Ord. 04-07, passed 4-1-2004; Ord. 2010-05, padded 4-29-2010; Ord. 2010-08, passed 5-25-2010)