This Section 14.6 shall not apply to uses that are existing and ongoing; however, this Section 14.6 shall apply at the time an existing, ongoing use is changed to another use. Change of use shall involve the initiation of any activity that does not meet either of the following criteria for existing, ongoing activity:
(A) It was present within the UTB as of July 27, 2000 and has continued to exist since that time. Existing uses shall include agriculture, buildings, industrial facilities, commercial areas, transportation facilities, maintained lawns, utility lines and on-site sanitary sewage systems any of which involve either specific, periodic management of vegetation or displacement of vegetation by use is exempt from this Section. Change of ownership through purchase or inheritance is not a change of use. Activities necessary to maintain uses are allowed provided that the site remains similarly vegetated, no impervious surface is added within fifty (50) feet of the surface water where it did not previously exist as of July 27, 2000, and existing diffuse flow is maintained.
(B) Projects or proposed development that are determined by Cary to meet at least one (1) of the following criteria:
(1) Project requires a 401 Certification/404 Permit, and these were issued prior to July 27, 2000.
(2) Projects that require a state permit, such as landfills, NPDES wastewater discharges, land application of residuals and road construction activities, have begun construction or are under contract to begin construction and received all required state permits and certifications prior to July 27, 2000.
(3) Projects that are being reviewed through the Clean Water Act Section 404/National Environmental Policy Act Merger 01 Process (published by the US Army Corps of Engineers and Federal Highway Administration, 2003) or its immediate successor if a Finding of No Significant Impact has been issued for the project and the project has written approval of Cary prior to July 27, 2000; or
(4) Projects that are not required to be reviewed by the Clean Water Act Section 404/National Environmental Policy Act Merger 01 Process (published by the US Army Corps of Engineers and Federal Highway Administration, 2003) or its immediate successor if a Finding of No Significant Impact has been issued for the project and the project has written approval of Cary prior to July 27, 2000; or