(A) Definitions applicable to the grandfathering. For the purpose of determining the grandfathering of development stormwater management plans, as set forth in Article III, § 142-6(B) of this chapter, certain words are hereby defined.
ADMINISTRATIVE WAIVER. A decision by the town pursuant to this chapter to allow the construction of a development to be governed by the stormwater management ordinance in effect as of May 4, 2009. An administrative waiver is distinct from a waiver granted pursuant to Article III, § 142-8 of this chapter.
APPROVAL. A documented action by the town following a review to determine and acknowledge the sufficiency of submitted material to met the requirements of a specified stage in a local development review process. Approval does not mean acknowledgment by the town that material has been received for review.
FINAL PROJECT APPROVAL. Approval of the final stormwater management plan and erosion and sediment control plan required to construct a project's stormwater management facilities.
FINAL APPROVAL also includes the bonding or financing for final development plans if required as a prerequisite for approval.
PRELIMINARY PROJECT APPROVAL. Approval of the preliminary development plan that includes at a minimum:
(a) The number of planned dwelling units or lots;
(b) The proposed project density;
(c) The proposed size and location of all land uses for the project;
(d) A plan that identifies:
1. The proposed drainage patterns;
2. The location of all points of discharge from the site; and
3. The type, location, and size of all stormwater management measures, based on site-specific stormwater management requirement computations;
(e) Any other information required by the town, including but not limited to:
1. The proposed alignment, location and construction type and standard for all roads, access ways, and areas of vehicular traffic;
2. A demonstration that the methods by which the development will be supplied with water and wastewater services are adequate; and
3. The size, type, and general location of all proposed wastewater and water system infrastructure.
(B) Administrative waivers. The town may grant an administrative waiver to a development that received a preliminary project approval prior to May 4, 2010. Administrative waivers expire according to Article III, § 142-6(C) of this chapter, and may be extended according to Article III, § 142-6(D) of this chapter. The town may impose such conditions upon the approval of an administrative waiver deemed necessary to secure compliance with the spirit and intent of this chapter.
(C) Expiration of administrative waivers. Except as provided for in Article III, § 142-6(D) of this chapter, an administrative waiver shall expire on May 4, 2013, if the development does not receive final project approval prior to May 4, 2013, or May 4, 2017, if the development receives final approval prior to May 4, 2013. All construction authorized pursuant to an administrative waiver must be completed by May 4, 2017, unless otherwise extended according to Article III, § 142-6(D) of this chapter. Administrative waivers that receive an extension shall expire according to the requirements of Article III, § 142-6(D) of this chapter.
(D) Extension of administrative waivers.
(1) In order to grant an extension to an administrative waiver, the town shall find the following:
(a) The project received preliminary project approval prior to May 4, 2010; and
(b) The project was subject to a development rights and responsibilities agreement, a tax increment financing approval, or an annexation agreement.
(2) Administrative waivers that receive an extension shall expire with the expiration of the developers rights and responsibilities agreement, the tax increment financing approval, or the annexation agreement.
(Ord. 08-2010, passed 11-1-2010)