The following land disturbing activities shall be exempt from compliance with the provisions of this chapter; provided, all such exempt activities are undertaken in a manner that present no significant erosion of sedimentation potential:
(A) Agricultural operations required to adopt and implement an individual agricultural water quality plan pursuant to the requirements set forth in the Kentucky Agricultural Water Quality Act (KRS 224.71-100 et seq.), as amended;
(B) Usual and customary site investigation and surveying activities, such as soil testing, rock coring, test pits, boundary and topographical surveying, monitoring wells, and archeological excavations, undertaken prior to submittal of an application for preliminary subdivision or development approval, provided the land disturbance is incidental to necessary equipment access and performance of investigation and surveying activities;
(C) Following preliminary subdivision or development approval, but prior to site disturbance, clearing necessary for survey work, rock soundings or other usual and customary site investigations are permitted; provided, the following conditions are met:
(1) Preliminary site investigations have been planned that minimize the amount of clearing required;
(2) Clearing shall follow proposed roadway centerlines and shall not result in a clear access way of more than 20 feet in width; and
(3) Cleared access ways beyond the proposed roadways to access individual lots shall not exceed 12 feet in width and no trees eight inches or greater in diameter measured at breast height shall be removed without prior written approval.
(D) Minor land disturbing activities that disturb 2,000 square feet or less of land area and not within 50 feet of a drainage way; and
(E) Existing nursery and agricultural operations conducted as a permitted main or accessory use. However, permitting through regional, state and federal agencies may be required.
(Ord. 37-2007, passed 11-20-2007)