§ 17-53 APPLICATION AND EXEMPTIONS.
   (A)   Application. The provisions of this article shall apply to all new development except that land disturbing activity that disturbs less than one acre of land, is not part of a larger common plan development, does not fall under the NPDES Industrial Stormwater Permit, or does not create a peak flow increase of greater than one cubic foot per second. For purposes of this article, “new development” is defined as any development for which a grading permit is required, with the exception of a “simplified grading permit”, after the effective date of the article. Developments with Planning Commission approval on the effective date of the article are exempt from the requirements of this article if development activity is commenced within two years of the approval of this article.
   (B)   Exemptions. This article shall not apply to individual dwelling lots, farms, undeveloped acreage, agricultural acreage, existing commercial or industrial properties, or any other real property that is not being developed (or redeveloped), substantially changed, or subdivided as described in division (A) above.
(Ord. 4173, passed 1-22-2008)