(A) The following activities are specifically exempt for the plan preparation provisions of this chapter unless the municipality determines that the activity is likely to, has, or will negatively impact the purposes and objectives set forth in §§ 53.001 through 53.004. For example, where an activity occurs on very steep terrain or where an activity is the latest in a series of incremental developments expected to cause pronounced stormwater impacts, it may be that these activities will be required to comply with the plan preparation requirements contained herein even though their activities qualify under the listing in this section. Upon making such determination, the municipality shall give notice in writing to the land owner and the developer, if known, and direct the landowner and any developer to immediately cease and desist all activity and affirmatively comply with the formal plan, submission and approval procedures of this chapter.
(B) Exemption shall not relieve the applicant from providing adequate stormwater management to meet the purpose of this chapter.
(1) Any regulated activity that would create 5,000 square feet or less of impervious area. This criteria shall apply to the total development even if development is to take place in phases.
(2) Land disturbances associated with existing one- and two-family dwellings provided that the activities will not create in excess of 5,000 square feet of impervious area.
(3) Use of land for gardening for home consumption.
(4) Agriculture when operated in accordance with a conservation plan or erosion and sedimentation control plan approved by the County Conservation District. The agricultural activities such as growing crops, rotating crops, filling of soil and grazing animals and other such activities are specifically exempt from complying with the requirements of this chapter when such activities are conducted in accordance with a conservation plan prepared by the County Conservation District. The construction of buildings, parking lots or any activity that may result in impervious surface which increases the rate and volume of stormwater runoff shall comply with the requirements of this chapter.
(5) Forest management operations which are following the Department of Environmental Protection’s management practices contained in its publication “Soil Erosion and Sedimentation Control Guidelines for Forestry” and are operating under an erosion and sedimentation control plan.
(Ord. 4-2011, passed 10-8-2011)