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 presents no significant erosion or sedimentation potential:
(A) Agricultural operations required to adopt and implement an individual agriculture water quality plan pursuant to the requirements set forth in the state’s Agriculture Water Quality Act (KRS 224.71-100 et seq.), as it may be amended from time to time;
(B) Usual and customary site investigation and surveying activities, such as soil testing, rock coring, test pits, boundary and topographic surveying, monitoring wells, and archaeological excavations, undertaken prior to submittal of an application for preliminary subdivision or development approval; provided any 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 permit approval and issuance, clearing necessary to provide access for survey work, rock soundings, or other usual and customary site investigations; provided the following conditions are met:
(1) Preliminary site investigations that have been planned to 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 proposed roadways to assess individual lots shall not exceed 12 feet in width and no trees eight inches or greater in diameter measured at breast height (DBH) shall be removed without prior approval by the county’s Division of Planning and Design Services (hereinafter “DPDS”).
(D) Minor land disturbing activities that disturb 2,000 square feet or less of land area and not within 50 feet of a drainageway. This exemption shall not apply to land disturbance activities subject to the general permit provisions set forth in § 156.025(A) below (for example, land disturbance activities by utilities or in connection with single-family home construction).
(Ord. 26, passed 9-25-2001)