This section sets forth the procedures for obtaining a grading permit for development and land-disturbing activities within the Town and its extraterritorial jurisdiction. (The standards for control of sedimentation and soil erosion appear in Section 14.4.)
(A) Applicability
(1) Except as provided in paragraphs (B) and (C) below, it shall be unlawful to conduct any land-disturbing activity without first obtaining a grading permit from the Town.
(2) Except where an adopted Town policy allows the issuance of grading permits prior to final development plan approval, no application for a grading permit shall be filed or accepted until the project for which the permit is sought has received all other necessary approvals required under Chapter 3 of this Ordinance.
(B) Exemptions from All Grading Standards and Permit Requirements
The requirements of this section and Section 14.4 of this Ordinance shall apply to all land-disturbing activities undertaken by any person within the Town's corporate limits or extraterritorial jurisdiction, except for the following:
(1) Agriculture
Land-disturbing activities undertaken on agricultural land that is taxed at the present-use value standard;
(2) Forestry
Land-disturbing activities undertaken on forest land for the production and harvesting of timber and timber products and which are conducted in accordance with Forest Practice Guidelines Related to Water Quality (best management practices) as adopted by the N.C. Department of Environment and Natural Resources. Within the Watershed Protection Overlay, however, both a permit and a valid forestry management plan shall be required from the appropriate federal or state agencies.);
(3) Mining
Land-disturbing activities undertaken by persons, as defined in G.S. 113A-52(8), who are otherwise regulated by the provisions of the Mining Act of 1971, as amended (G.S. 74-46 through G.S. 74-68);
(4) Fire Fighting
Land-disturbing activities undertaken for the purpose of fighting fires; and
(5) Activities Regulated by Sedimentation Control Commission
The following land-disturbing activities that are regulated by the North Carolina Sedimentation Control Commission:
(a) Land-disturbing activities conducted by the State, the United States, a unit of local government, or persons or agencies having the power of eminent domain;
(b) Land-disturbing activities licensed by the State or the United States;
(c) Land-disturbing activities funded in whole or in part by the State or the United States.
(C) Exemptions from Grading Permit Requirements
The land-disturbing activities set forth below need not obtain a grading permit, yet shall nevertheless comply with the requirements set forth in this Ordinance, including the soil erosion and sedimentation control requirements of Section 14.4. These activities include:
(1) Construction of a structure subject to regulation under the North Carolina Residential Code for One- and Two-family Dwellings on a single lot, except when the disturbed area exceeds one (1) acre;
(2) Land-disturbing activities that do not exceed twelve thousand (12,000) square feet in surface area, on contiguous lands under single or diverse ownership being developed as a unit; and
(3) The stockpiling of raw or processed sand, stone, or gravel in material processing plants and storage yards, provided that the exposed surface area of such materials does not exceed a contiguous area of twelve thousand (12,000) square feet.