(A) Geographical scope of regulated land-disturbing activity. This chapter shall apply to land-disturbing activity within the territorial jurisdiction of the town, and to the extraterritorial jurisdiction of the town as allowed by agreement between local governments, the extent of annexation or other appropriate legal instrument or law.
(B) Exclusions from regulated land-disturbing activity. Notwithstanding the general applicability of this chapter to all land-disturbing activity, this chapter shall not apply to the following types of land-disturbing activity:
(1) An activity, including 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) Forage and sod crops, grain and feed crops, tobacco, cotton, and peanuts;
(b) Dairy animals and dairy products;
(c) Poultry and poultry products;
(d) Livestock, including beef cattle, sheep, swine, horses, ponies, mules, and goats;
(e) Bees and apiary products; and
(f) Fur producing animals.
(2) An activity undertaken on forest land for the production and harvesting of timber and timber products and conducted in accordance with best management practices set out in Forest Practice Guidelines Related to Water Quality, as adopted by the Department;
(3) An activity for which a permit is required, under the Mining Act of 1971, G.S. Ch. 74, Art. 7;
(4) A land-disturbing activity over which the state has exclusive regulatory jurisdiction as provided in G.S. § 113A-56(a); and
(5) An activity, which is essential to protect human life during an emergency.
(C) Plan approval requirement for land-disturbing activity. No person shall undertake any land-disturbing activity without first obtaining a plan approval therefor from the town.
(D) Protection of property. Persons conducting land-disturbing activity shall take all reasonable measures to protect all public and private property from damage caused by such activity.
(E) More restrictive rules shall apply. Whenever conflicts exist between this chapter and federal, state, or other local laws, ordinances, or rules, the more restrictive provision shall apply.
(F) Plan approval exceptions. Notwithstanding the general requirement to obtain a plan approval prior to undertaking land-disturbing activity, a plan approval shall not be required for land-disturbing activity that does not exceed one acre in surface area. In determining the area, lands under one or diverse ownership being developed as a unit will be aggregated.
(Ord. 2007-11, passed 10-16-2008; Am. Ord. 2015-01, passed 1-8-2015)