This section addresses the applicability of new procedural and substantive standards enacted by this chapter to activities, actions, and other matters that are pending or occurring as of the effective date of this chapter.
(A) Completion of land disturbing activity or development commenced or approved prior to the effective date of this chapter.
(1) Buildings or developments with previously issued building permits or approved construction plans. Any building, structure, development, or land disturbing activity for which a valid building permit was granted or for which construction plans were approved prior to the effective date of this chapter shall be permitted to proceed to construction even if such activity or construction does not conform to the technical provisions of this chapter. If construction is not completed within the time allowed under the original building permit, construction plan approval or any extension granted, then the building or development shall be constructed or completed only in compliance with all requirements of this chapter.
(2) Buildings or developments with complete applications for construction plan approval. Any building, structure, development, or land disturbing activity for which a complete application for construction plan approval has been submitted to the MSD, prior to the effective date of this chapter, shall be permitted to finish the approval process and, if approved, proceed according to the approved plans even if such construction or activity does not conform to the technical provisions of this chapter. If construction is not completed within the time allowed under the original construction plan approval or any extension granted, then the building or development shall be constructed or completed only in compliance with all requirements of this chapter.
(3) Developments or other activities with applications for approval pending. Any development or land disturbing activity that has submitted an application for preliminary subdivision, development plan, conditional use, or any other type of land use or grading/clearing approval other than for construction plan approval, but for which no final action has been taken by the appropriate reviewing body on such application prior to the effective date of this chapter, shall be approved only if the development or land disturbing activity complies with all provisions of this chapter.
(B) Grandfathered development/activities still subject to enforcement and penalties provisions. Developments or land disturbing activities for which complete applications for construction plan approval have been submitted or approvals/permits have been granted prior to the effective date of this chapter may proceed as provided in division (A)(2) above; provided that all such development and land disturbing activities undertaken after the effective date of this chapter, and not otherwise exempt from this chapter, shall be in accordance with the previously approved plans. Failure to develop in accordance with such previously approved plans or failure of the previously approved plans to prevent offsite sedimentation shall subject the development to all provisions of this chapter, including those provisions dealing with inspection, enforcement, and penalties.
(Ord. 26, passed 9-25-2001)