(A) In this section, the following terms have the meanings indicated:
(1) Administrative waiver.
(a) ADMINISTRATIVE WAIVER means a decision by the Stormwater Management Office 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 in the local jurisdiction where the project will be located.
(b) Administrative waiver is distinct from a waiver granted pursuant to § 155.008.
(2) Approval.
(a) APPROVAL means a documented action by the Stormwater Management Office following a review to determine and acknowledge the sufficiency of submitted material to meet the requirements of a specified stage in a local development review process.
(b) Approval does not mean an acknowledgment by the Stormwater Management Office that submitted material has been received for review.
(3) Final project approval.
(a) FINAL PROJECT APPROVAL means approval of the final stormwater management plan and erosion and sediment control plan required to construct a project's stormwater management facilities.
(b) Final project approval also includes securing bonding or financing for final development plans if either is required as a prerequisite for approval.
(4) PRELIMINARY PROJECT APPROVAL means an approval as part of a local preliminary development or planning review process 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; and
(e) Any other information required by the Stormwater Management Office 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 service are adequate; and
3. The size, type, and general location of all proposed wastewater and water system infrastructure.
(B) The Stormwater Management Office 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 (C) of this section and may be extended according to division (D) of this section.
(C) Expiration of administrative waivers.
(1) Except as provided for in division (D) of this section, an administrative waiver shall expire on:
(a) May 4, 2013, if the development does not receive final project approval prior to that date; or
(b) May 4, 2017, if the development receives final project approval prior to May 4, 2013.
(2) All construction authorized pursuant to an administrative waiver must be completed by May 4, 2017 or, if the waiver is extended as provided in division (D) of this section, by the expiration date of the waiver extension.
(D) Extension of administrative waivers.
(1) Except as provided in division (D)(2) of this section, an administrative waiver shall not be extended.
(2) An administrative waiver may only be extended if, by May 4, 2010, the development:
(a) Has received a preliminary project approval; and
(b) Was subject to a development rights and responsibilities agreement, a tax increment financing approval, or an annexation agreement.
(3) Administrative waivers extended according to division (D)(2) of this section shall expire when the development rights and responsibilities agreement, the tax increment financing approval, or the annexation agreement expires.
(Res. 2010-8, passed 6-15-2010)