The key grandfathering component of this Consensus Agreement is:
- MDE has provided a waiver process that can be used by the local approval authority to grandfather a project that has preliminary plan approval or consistent approval as of May 4, 2010. In order to be eligible for the waiver, the preliminary plan process must include the number of units and proposed density, the proposed size and location of all other land uses in the project, and a plan that identifies the proposed drainage patterns and type, location and size of all stormwater management controls. Although this may not be a formal part of the preliminary plan application with the jurisdiction; professional work product of your staff/professional consultants will be allowed to be included in your waiver application.In addition, and if applicable in the preliminary plan local process, additional elements related to roads, water, and wastewater must be included in the plan.This waiver will expire on May 4, 2013 unless you have obtained Final Project Approval.
- Final project approval is defined as the point at which the local approval authority has approved the final erosion and sediment control plan for the project’s stormwater facilities and the final stormwater management plan and, if applicable, bonding and or financing has been secured based on the final plans of the development.For projects having their final plan approval by May 4, 2013, they will be grandfathered until May 4, 2017. Construction after May 4, 2017, will be subject to the new regulations.
- Within the final project waiver period for phased projects, developers must make reasonable efforts to attempt to incorporate ESD components when possible. Once the waiver has expired, the project (and future phases of a project) will be required to meet ESD to the MEP. There will be language to allow local approval authorities to preserve the use of existing infrastructure built prior to the deadline.
- Projects subject to a Developer Rights and Responsibilities Agreement or those utilizing special taxing districts, TIF’s or an annexation agreement, the waivers expiring on May 4, 2013 and May 4, 2017 can be extended until the expiration of the applicable agreement(s) or terms of financing.