§ 33-4-114. MISCELLANEOUS EXCEPTIONS.

(a)

Plat recordation. Plats may be recorded in advance of final stormwater management plan approval if the recording is approved by the Department based upon sufficient evidence that stormwater management can be achieved in the locations designated on the plat.

(b)

Approval for planned unit developments. Notwithstanding any other provision of law, a planned unit development shall receive development stormwater management plan approval before final approval under § 32-4-245 of the code.

(c)

Authority to comply with former requirements.

(1)

Any site with an approved erosion and sediment control plan and stormwater management plan approved by the Department before May 4, 2010 shall be governed by the stormwater management law and regulations in effect at the time of the approval.

(2)

A stormwater management permit issued before May 4, 2010 shall remain valid in accordance with its terms, provided a final erosion and sediment control plan has been approved by the Soil Conservation District.

(d)

Exemption, waiver, variance.

(1)

Any exemption, waiver, or variance granted by the Department to a site before May 4, 2010 shall remain valid in accordance with its terms provided:

(i)

A grading or building permit has been issued; or

(ii)

An erosion and sediment control plan has been approved.

(2)

All subsequent site development shall comply with this title.

(3)

Any modification to a previously approved exemption, waiver, or variance shall require compliance with this title.

(1988 Code, § 14-155) (Bill No. 53-01, § 1, 7-2-2001; Bill No. 94-02, § 2, 7-1-2004; Bill No. 75-03, § 42, 7-1-2004; Bill No. 25, § 1, 6-1-2010)