§ 33-4-112.1. ADMINISTRATIVE WAIVERS.

(a)

Definitions.

(1)

In this section, the following terms have the meanings indicated.

(2)

"Administrative waiver" means a waiver that allows a site to be governed by the provisions of this title that were in effect on May 4, 2009.

(3)

(i)

"Approval" means a documented action by the Department 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.

(ii)

"Approval" does not mean an acknowledgment by the Department that submitted material has been received for review.

(4)

(i)

"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.

(ii)

"Final project approval" includes securing bonding or financing for final development plans if either is required as a prerequisite for approval.

(5)

"Preliminary project approval" means approval by the Department of a plan that, at a minimum, depicts:

(i)

The number and configuration of proposed lots, dwellings or buildings;

(ii)

The proposed project density;

(iii)

Roads, parking and other infrastructure;

(iv)

The type, size, and location of stormwater management based on site-specific stormwater management computations;

(v)

Drainage patterns and points of discharge; and

(vi)

Any other information required by the Department.

(b)

Grant by Director. The Director may grant an administrative waiver, if the applicant received preliminary project approval before May 4, 2010.

(c)

Validity. An administrative waiver shall remain valid provided:

(1)

Final project approval is granted by May 4, 2013; and

(2)

Construction authorized by the administrative waiver is completed by May 4, 2017.

(Bill No. 25-10, § 2, 6-1-2010)

Editor's note:
  Section 3 of Bill No. 25-10 provides that the legislation is retroactive to May 4, 2010.