(A) General. Beginning with and subsequent to its effective date, this chapter shall be applicable to all development and expansion of development throughout the corporate limits and extraterritorial jurisdiction of the City of Havelock within the Neuse River Basin watershed, including, but not limited to, site plan applications, subdivision applications, and land clearing applications, unless exempt pursuant to this chapter.
(B) The following development activities shall be required to satisfy the procedures and standards set forth in this chapter:
(1) Any land-disturbing activity of greater than one acre of land that involves the construction, expansion, or modification of a facility or structure within a single-family residential district or a mobile home residential district, as those districts are described in Chapter 154; or
(2) Any land-disturbing activity of greater than one-half acre of land that involves the construction, expansion, or modification of a facility or structure within a multi-family residential district, a business district, or an industrial district, as those districts are described in Chapter 154.
(C) For expansion of an existing development, the procedures and standards set forth in this chapter shall apply only to those portions of the development that involve the actual disturbance of land or expansion greater than the size identified in division (B) above.
(D) This chapter shall not apply to:
(1) Existing development, except as provided in division (C) above;
(2) Agriculture;
(3) Mining;
(4) Forestry;
(5) Activities within the property of Marine Corps Air Station Cherry Point;
(6) Single family and duplex residential and related recreational development and expansion of development that disturbs less than one acre;
(7) Commercial, industrial, institutional, multifamily residential or local government development that disturbs less than one half acre and does not expand existing structures on a parcel;
(8) Commercial, industrial, institutional, multifamily residential or local government development that disturbs less than one half acre and expands existing structures on a parcel, but does not result in a cumulative built-upon area for the parcel exceeding 24%;
(9) Development that disturbs less than the above thresholds are not exempt if such activities are part of a larger common plan of development or sale and the larger common plan exceeds the relevant threshold, even though multiple, separate or distinct activities take place at different times on different schedules;
(10) Development of an individual single-family or duplex residential lot that is not part of a larger common plan of development or sale and does not result in greater than 5% built-upon area on the lot;
(11) Existing development or redevelopment;
(12) Activities subject to requirements of the Neuse River Basin Agriculture Rule, 15A NCAC 02B.0712;
(13) Development or expansion of development with a vested right per the standards of N.C.G.S. § 160D-108;
(14) Development or expansion of development for which the permit application was submitted prior to adoption of this chapter is optionally exempt from the provisions of this chapter per the requirements of N.C.G.S. § 143-755; or
(15) Any other activities specifically exempted from the provisions of this chapter in any other section of this chapter.
(E) The standards and procedures established by this chapter shall be followed where they differ from the requirements established by Chapters 156 and 158.
(F) No development or expansion until compliance and permit. No development or expansion of development shall occur except in compliance with the provisions of this chapter or unless exempted. No development or expansion of development for which a permit is required pursuant to this city code shall occur except in compliance with the provisions, conditions, and limitations of the permit.
(G) Final approvals, complete applications.
(1) All development and expansion of development projects for which complete and full applications were submitted to the city prior to the effective date of this chapter may be exempted from complying with all provisions of this chapter dealing with the control and/or management of stormwater by the choice of the developer.
(2) A phased development plan shall be deemed complete prior to the effective date of this chapter if it shows:
(a) For the initial or first phase of development or expansion of development, the type and intensity of use for a specific parcel or parcels, including at a minimum, the boundaries of the project and a subdivision plan that has been approved.
(b) For any subsequent phase of development or expansion of development, sufficient detail so that implementation of the requirements of this chapter to that phase of development would require a material change in that phase of the plan.
(1989 Code, § 17-3) (Ord. 01-02, passed 4-23-2001; Ord. 23-O-07, passed 4-10-2023)