If the provisions of any section, subsection, paragraph, subdivision or clause of this chapter shall be adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or invalidate the remainder of any section, subsection, paragraph, subdivision or clause of this chapter.
(A) Final approvals, complete applications.
(1) All development and redevelopment projects for which complete and full applications were submitted and accepted as complete by the town prior to the effective date of this chapter and which remain valid, unexpired, unrevoked and not otherwise terminated at the time of development or redevelopment shall be exempt from complying with all provisions of this chapter dealing with the control and/or management of post-construction runoff, but shall be required to comply with all other applicable provisions.
(2) A phased development plan shall be deemed approved prior to the effective date of this chapter if it has been approved by all necessary govermnent units, it remains valid, unexpired, unrevoked and not otherwise terminated, and it shows:
(a) For the initial or first phase of development: the type and intensity of use for a specific parcel or parcels. This shall include, at a minimum, the boundaries of the project and a subdivision plan that has been approved.
(b) For any subsequent phase of development: sufficient detail showing that implementation of the requirements of this ordinance to that phase of development would require a material change in that phase of the plan.
(B) Violations continue. Any violation of provisions existing on the effective date of this chapter shall continue to be a violation under this chapter and be subject to penalties and enforcement under this chapter unless the use, development, construction, or other activity complies with the provisions of this chapter.
(Ord. 2010-27, passed 1-6-2010)