(a) Applicability. This Chapter applies to the following land disturbing activities on public or private lands, except as provided under Subsection (b) below, if:
(1) Land disturbing construction activity is to be conducted that includes the construction of a building or is otherwise regulated by the Wisconsin Department of Safety and Professional Services; or
(2) An area of five thousand (5,000) square feet or greater will be disturbed by excavation, grading, filling or other earthmoving activities resulting in the loss or removal or protective ground cover or vegetation; or
(3) Excavation, fill or any combination thereof, will be conducted, exceeding one thousand (1,000) cubic yards or more of dirt, soil or other excavation or fill material; or
(4) Any public (federal, state, or local) street, road or highway is to be constructed, enlarged, relocated or reconstructed; or
(5) Any proposed land use by a unit of government or by public or private utilities will require that underground conduits, cables, piping, wiring, water lines, sanitary sewers or storm sewers be laid, repaired, replaced or enlarged, if such use involves more than three hundred (300) linear feet of trenching or earth disturbance; or
(6) The development of any subdivision requiring plat approval or any certified survey map; or
(7) The conduct of any land disturbing activity on slopes greater than fifteen percent (15%).
(b) Inapplicability. This Chapter does not apply to the following:
(1) A construction project that is exempted by federal statutes or regulations from the requirement to have a national pollutant discharge elimination system permit issued under Chapter 40, Code of Federal Regulations, Part 122, for land disturbing activity.
(2) Non-point discharges from agricultural facilities and practices.
(3) Non-point discharges from silviculture activities.
(4) Routine maintenance for project sites under five (5) acres of land disturbance if performed to maintain the original line and grade, hydraulic capacity or original purpose of the facility.
(c) Village Staff Determination. Notwithstanding the applicability requirements in Subsection (a), this Chapter applies to construction sites of any size that, in the opinion of the Village Engineer, are likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water, that causes undue channel erosion, that increases water pollution by scouring or the transportation of particulate matter or that endangers property or public safety.
(d) Jurisdiction. This Chapter applies to land disturbing construction activities on lands within the boundaries and jurisdiction of the Village of Edgar, as well as all lands located within the extraterritorial plat approval jurisdiction of the Villge of Edgar [the unincorporated area within one and one-half (1.5) miles of the Village], even if plat approval is not involved, pursuant to Sec. 236.45(2) and (3), Wis. Stats.
(e) Exclusions. This Chapter is not applicable to activities conducted by a state agency, as defined under Secs. 59.001(1) and 227.01(1), Wis. Stats.