(A) General. Beginning with and subsequent to its effective date, this chapter shall be applicable to all development and redevelopment, including, but not limited to, site plan applications, subdivision applications, and grading applications, unless exempt pursuant to division (C) of this section.
(B) Establishment of vested right (G.S. § 160A-385.1; G.S. § 160D-l08).
(1) A vested right shall be deemed established with respect to any property upon the valid approval, or conditional approval, of a site specific development plan or a phased development plan, following notice and public hearing by the town with jurisdiction over the property. Such vested right shall confer upon the landowner the right to undertake and complete the development and use of said property under the terms and conditions of the site specific development plan or the phased development plan including any amendments thereto. The town may approve a site specific development plan or a phased development plan upon such terms and conditions as may reasonably be necessary to protect the public health, safety, and welfare. Such conditional approval shall result in a vested right, although failure to abide by such terms and conditions will result in a forfeiture of vested rights. The town shall not require a landowner to waive his vested rights as a condition of developmental approval. A site specific development plan or a phase development plan shall be deemed approved upon the effective date of the town's action or ordinance relating thereto.
(2) Duration and termination of vested right.
(a) A right which has been vested as provided for in this section shall remain vested for a period of two years. This vesting shall not be extended by any amendments or modifications to a site specific development plan unless expressly provided by the town.
(b) The town may provide that rights shall be vested for a period exceeding two years but not exceeding five years where warranted in light of all relevant circumstances, including, but not limited to, the size and phasing of development, the level of investment, the need for the development, economic cycles, and market conditions. These determinations shall be in the sound discretion of the town.
(C) Exemptions.
(1) Thresholds.
(a) Residential, single family or duplex, development and recreational facilities less than one acre in size, with no increase in number of lots, and is not part of a larger common plan of development or sale, and non-residential development less than one-half acre in size and no more than 24% impervious and is not part of a larger common plan of development or sale is exempt from the provisions of this chapter.
(b) Redevelopment of residential structures that results in no net increase in built-upon area and provides equal or greater stormwater control than the previous development is exempt from the provisions of this chapter.
(c) Redevelopment of non-residential structures on less than one-half acre that is not part of a larger common plan of development or sale, and that results in a cumulative built-upon area of less than 24% and provides equal or greater stormwater control than the previous development is exempt from the provisions of this chapter.
(d) Development and redevelopment that disturb less than a stated area threshold are not exempt if such activities are part of a larger common plan of development or sale that exceeds the area threshold, even though multiple, separate or distinct activities take place at different times on different schedules.
(2) General exemption. Activities that are exempt from permit requirements of Section 404 of the federal Clean Water Act as specified in 40 CFR 232 (primarily, ongoing farming and forestry activities) are exempt from the provisions of this chapter.
(3) Existing impervious. Existing impervious surfaces established prior to November 1, 2008, as determined through aerial photography, permits, plans, etc. are exempt from the provisions of this chapter; however, if the impervious area limits are reduced after November 1, 2008 and the previously impervious area is reestablished as pervious for a period of one year or more, the impervious area is no longer exempt.
(D) No development or redevelopment until compliance and permit. No development or redevelopment shall occur except in compliance with the provisions of this chapter or unless exempted. No development for which a permit is required pursuant to this chapter shall occur except in compliance with the provisions, conditions, and limitations of the permit.
(E) Map.
(1) The provisions of this chapter shall apply within the areas designated on the map titled "Stormwater Map of Town of Clayton, North Carolina", which is adopted simultaneously herewith. The Stormwater Map and all explanatory matter contained thereon accompanies and is hereby made a part of this chapter.
(2) The Stormwater Map shall be kept on file by the Stormwater Administrator and shall be updated to take into account changes in the land area covered by this chapter and the geographic location of all structural SCMs permitted under this chapter. In the event of a dispute, the applicability of this chapter to a particular area of land or SCM shall be determined by reference to the North Carolina Statutes, the North Carolina Administrative Code, and local zoning and jurisdictional boundary ordinances.
(Ord. 2020-11-01, passed 11-16-20)