(a) Applicability.
(1) Where not otherwise limited by law, this Chapter applies to land development activity that results in one (1) or more acres of land disturbing construction activity, unless the site is otherwise exempt under Subsection (a)(2) below.
(2) A post-construction site that meets any of the criteria in this Subsection is exempt from the requirements of this Chapter:
a. A redevelopment post-construction site with no net increase in exposed parking lots, roads, rooftops, or other impervious areas.
b. A post-construction site with less than ten percent (10%) connected impervious- ness based on complete development of the post-construction site, provided the cumulative area of all parking lots and rooftops is less than one (1) acre.
c. Nonpoint discharges from agricultural facilities and practices.
d. Nonpoint discharges from silviculture activities.
e. 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.
f. Underground utility construction such as but not limited to water, sewer and fiber optic lines. This exemption does not apply to the construction of any above ground structures or lift stations associated with utility construction.
(3) Notwithstanding the applicability requirements in Subsection (a)(l), this Chapter applies to land development activity of any size that, in the opinion of the Village Engineer or Building Inspector, is 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.
(b) Jurisdiction. This Chapter applies to post-construction sites within the boundaries and jurisdiction of the Village of Edgar, as well as all lands located within the extraterritorial plat approval jurisdiction of the Village of Edgar, even if plat approval is not involved.
(c) Exclusions. This Chapter is not applicable to activities conducted by a state agency, as defined under Sec. 227.01(1), Wis. Stats., but also including the Office of District Attorney, which is subject to the state plan promulgated or a memorandum of understanding entered into under Sec. 281.33(2), Wis. Stats.