§ 53.060 APPLICABILITY AND EXEMPTIONS.
   (A)   Applicability. The storage and controlled release rate of excess storm water runoff shall be required for new business, commercial and industrial developments, residential subdivisions, planned development, rural estate subdivisions, and any redevelopment or other new construction located within the town if soil disturbance greater than or equal to one acre is proposed with a projected land disturbance of one acre or more, and operations that result in the land disturbance of less than one acre of total land area that are part of a larger common plan of development or sale.
   (B)   Exemptions for detention requirements. Detention will not be required for the following:
      (1)   Notwithstanding the requirements for an individual lot located within a larger permitted project site in this chapter, land alterations where the primary basis on which a Storm Water Pollution Prevention Plan (SWPPP) is required (per the application process in § 53.075 et seq.) is the construction, enlargement, or location (on a permanent foundation) of a one-family dwelling, two-family dwelling, or accessory structure appurtenant to either a one- or two-family dwelling.
      (2)   Accepted fill area or one-time addition to existing commercial buildings that do not increase the amount of impervious area on-site by more than a total of 0.5 acres, provided the existing runoff patterns and flow capacity within the property will not be altered by the filling operations.
      (3)   Land-disturbing activities where there will be no additional impervious surfaces associated with the final completed project, including but not limited to, ditch construction/reconstruction and utility installation/maintenance activities.
      (4)   Notwithstanding the provisions of § 53.061, those site developments where the storm water management system has been designed such that:
         (a)   After combining flows from both the off-site and on-site drainage areas, there will be no increase in the total peak discharge from the developing site during the two-, ten-, and 100-year storm events; and
         (b)   The volume of runoff for each project site outlet has not been increased for the two-, ten- and 100-year storm events; and
         (c)   The flow width and velocity at the property boundary line of each sub-basin is less than or equal to that flow width and velocity which existed prior to the development for the two-, ten-, and 100-year storm events.
(Ord. 2023-22, passed 12-28-23)