(A) The stormwater management regulations of this chapter do not apply to any of the following development activities:
(1) Activities, including the breeding and grazing of livestock, undertaken on agricultural land for the production of plants and animals useful to humans, including, but not limited to:
(a) Forages and sod crops, grains and feed crops, tobacco, cotton, and peanuts;
(b) Dairy animals and apiary products;
(c) Poultry and poultry products;
(d) Livestock, including beef cattle, sheep, swine, horses, ponies, mules, and goats;
(e) Bees and daily products; or
(f) Fur-producing animals.
(2) Activities undertaken on forest land for the production or harvesting of timber and timber products and conducted in accordance with best management practices as set out in Forest Practice Guidelines Related to Water Quality;
(3) Activities for which a permit is required under the mining act, G.S. §§ 74-46 et seq.;
(4) Commercial development on lots less than one half acre;
(5) Residential development that disturbs less than one acre, including, total build out of the site, if it is not part of a larger plan of development that is greater than one acre; or
(6) Any development in which the owner has accrued a vested right. A vested right is recognized if either a preliminary plan has been approved by the County Planning Board that meets the required specifications and standards of county ordinances, or a land-disturbing permit has been issued pursuant to county soil erosion and sedimentation control ordinance in effect on or before the effective date of this chapter, and that such plan or permit remains un expired.
(B) A party in interest to a particular plan found to have no vested right to construct or develop on or before the effective date of this chapter may appeal to the County Board of Adjustment for a hearing de novo. Such hearing shall be expedited and shall be limited to the issue of whether the landowner has a vested right to construct or develop his or her site under plans submitted prior to the effective date of this chapter.
(C) Redevelopment or expansions to uses included in the above categories are not subject to the stormwater requirements unless it would result in an expansion of impervious surface on commercial lots in size equal to or greater than one-half acre, would result in commercial redevelopment where more than 50% of the square footage of a structure is replaced on a lot in size equal to or greater than one-half acre, or would result in a total developed acreage of one acre for residential development.
(2013 Code, § 20-3)