§ 23-8. Administrative waiver.

(a) In general.

(1) An administrative waiver is a decision by the Department to allow construction of a development project to be governed by the provisions of this Division II, as in effect on May 4, 2009.

(2) An administrative waiver does not include quantitative or qualitative control waivers issued under § 23-1, § 23-2, or § 23-5 of this Division II.

(b) Preliminary project approval.

(1) An administrative waiver may be granted by the Department to a development project that, on or before May 4, 2010, has received preliminary project approval as part of a preliminary or planning review process.

(2) At a minimum, a preliminary project approval includes:

(i) the number of planned dwelling units or lots;

(ii) the proposed project density;

(iii) the proposed size and location of all land uses for the project;

(iv) a plan that identifies:

A. the proposed drainage patterns;

B. the location of all points of discharge from the site; and

C. the type, location, and size of all stormwater management measures based on site-specific stormwater management requirement computations; and

(v) any other information that the Department requires.

(3) An approval granted under this subsection does not require approval of an erosion and sediment control plan as a condition for the approval.

Except as provided by subsection (d) of this section, an administrative waiver granted under subsection (b) of this section expires on:

(1) May 4, 2013, if the development project does not have final erosion and sediment control and final stormwater management approval on or before that date; or

(2) May 4, 2017, if the development project receives final erosion and sediment control and final stormwater management approval on or before May 4, 2013.

(d) Extension.

(1) Except as provided in paragraph (2) of this subsection, an administrative waiver may not be extended.

(2) The Department may grant an extension for an administrative waiver only if, by May 4, 2010, a development project:

(i) has received a preliminary project approval as provided for in subsection (b) of this section; and

(ii) was subject to:

A. a development rights and responsibilities agreement;

B. a tax increment financing approval; or

C. an annexation agreement.

(3) When an agreement or approval identified in paragraph (2)(ii) of this subsection expires, any administrative waiver that was extended will expire.

(e) Completion of construction.

Construction authorized by an administrative waiver granted under this section must be completed, with an occupancy permit issued under the Building Code and a use permit issued under the Zoning Code, on or before either:

(1) May 4, 2017; or

(2) the expiration date specified for any extension granted under subsection (d) of this section.