The requirements of this section shall apply to all developments and redevelopments within the defined MS4 areas of the city. It shall not apply to the combined sewer portions of the city as follows:
(A) General.
(1) Major site plans, major subdivisions and conditional use plans submitted and accepted for review;
(2) Zoning use application submitted and accepted for review for uses that do not require a building permit;
(3) Valid building permit issued pursuant to so long as the permit remains valid, unexpired, and unrevoked;
(4) Common law vested right established (e.g., the substantial expenditure of resources (time, labor, money) based on a good faith reliance upon having received a valid governmental approval to proceed with a project).
The section applies to the exemptions of developments and redevelopments within the defined MS4 areas of the city as follows:
(B) Exemptions. The requirements of this article shall not apply with respect to the following types of development or redevelopment activities:
(1) Development that cumulatively disturbs less than one acre and is not part of a larger common plan of development or sale is exempt from the provisions of this subchapter.
(2) Redevelopment or expansion that cumulatively disturbs less than one acre and is not part of a larger plan of development or sale is exempt from the provisions of this subchapter.
(3) Redevelopment or expansion that results in no net increase in built-upon area and provides equal or greater storm water control than the previous development is exempt from the provisions of this subchapter.
(4) Activities 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 subchapter.
(5) The non-MS4 portions of the city, as set forth as combined sewer areas.
(C) No development or redevelopment until compliance and permit.
(1) No development or redevelopment shall occur except in compliance with the provisions of this subchapter or unless exempted. No development for which a permit is required pursuant to this subchapter shall occur except in compliance with the provisions, conditions, and limitations of the permit.
(D) Measurement and computation.
(1) Lot area refers to the amount of horizontal land area contained inside the lot lines of a lot or site.
(Ord. O-17-22, passed 8-9-2022)