§ 19-21A. Grandfathering.  


Latest version.
  • (a) The Director may, for good cause shown, grant an administrative waiver to a development that received a preliminary project approval before May 4, 2010. Administrative waivers expire as provided under subsection (b) and may be extended as provided under subsection (c).
    (b) Expiration of an administrative waiver.
    (1) Except as provided in subsection (c), an administrative waiver must expire on:
    (A) May 4, 2013, if the development does not receive final project approval before that date; or
    (B) May 4, 2017, if the development receives final project approval before May 4, 2013.
    (2) All construction authorized under an administrative waiver must be completed by:
    (A) May 4, 2017; or
    (B) if the waiver is extended under subsection (c), the date the waiver expires.
    (c) Extension of an administrative waiver.
    (1) Except as provided in paragraph (2), an administrative waiver must not be extended.
    (2) An administrative waiver may only be extended if, by May 4, 2010 the development:
    (A) received a preliminary project approval; and
    (B) was subject to a development rights and responsibilities agreement or a tax increment financing approval.
    (3) An administrative waiver extended under paragraph (2) expires when the development rights and responsibilities agreement or the tax increment financing approval expires. (, § 1.