§ 26-78. Effective date and transitional provisions.

(a)

Effective date. This article shall take effect on March 19, 2009.

(b)

Final approvals, complete applications.

(1)

All development or redevelopment projects for which complete and full applications and plans were submitted and approved by the town prior to the effective date of the ordinance from which this article is derived 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 the ordinance from which this article is derived dealing with the control 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 article if it has been approved by all necessary government 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, including the boundaries of the project and a subdivision plan that has been approved; and

b.

For any subsequent phase of development, sufficient detail so that implementation of the requirements of this article to that phase of development would require a material change in that phase of the plan.

(c)

Violations continue. Any violation of provisions existing on the effective date of the ordinance from which this article is derived shall continue to be a violation under this article and be subject to penalties and enforcement under this article unless the use, development, construction, or other activity complies with the provisions of this article.

(Code 2003, § 32-10; Ord. No. 09-05, 3-19-2009)