(A) Applicability. Beginning with and subsequent to its effective date, this chapter shall be applicable to all development including, but not limited to, site plan applications, subdivision applications and grading applications, unless exempt pursuant to division (B) below.
(2) Development is part of a larger common plan of development or sale, even though multiple, separate or distinct activities may take place at different times on different schedules and by different developers.
(B) Exemptions.
(1) Redevelopment as defined in § 53.010.
(2) Activities that are exempt from permit requirements of § 404 of the federal Clean Water Act as specified in 40 C.F.R. 232 (primarily, non-point source agricultural and siivicultural (forestry) activities) are exempt from the provisions of this chapter.
(C) No development until compliance and permit. No development shall occur except in compliance with the provisions of this chapter or unless exempted. No development for which a permit is required pursuant to this chapter shall occur except in compliance with the provisions, conditions and limitations of the permit.
(D) Jurisdiction. The provisions of this chapter shall apply to all public or private building(s), land(s) and use(s) thereon over which the town has or will have future jurisdiction under the constitution(s) and law(s) of the State of North Carolina and of the United States, including any areas within the jurisdiction of the town pursuant to G.S. § 160A-360. Pursuant to G.S. § 160A-392, each provision of this chapter is applicable to the erection, construction and use of buildings by the State of North Carolina and its political subdivisions.
(E) Map.
(1) The provisions of this chapter shall apply within the areas designated on the map titled “Storm Water Quality Map of Harrisburg, North Carolina” (“the Storm Water Map”), which is adopted simultaneously herewith. The Storm Water Map and all explanatory matter contained thereon accompanies and is hereby made a part of this chapter.
(2) The Storm Water Map shall be kept on file by the Storm Water Administrator and shall be updated to take into account changes to the future service area covered by this chapter and the geographic location of all SCMs permitted under this chapter. In the event of a dispute, the applicability of this chapter to a particular area of land or BMP shall be determined by reference to the North Carolina Statutes, the North Carolina Administrative Code and local zoning and jurisdictional boundary ordinances.
(Ord., passed 5-11-09; Am. Ord., passed 1-13-20; Am. Ord., passed 9-13-21)