§ 159.105  APPLICABILITY AND JURISDICTION.
   (A)   General.  Beginning with and subsequent to its effective date, this Ordinance shall be applicable to all development and redevelopment, including, but not limited to, site plan applications, subdivision applications, and grading applications, unless exempt pursuant to Subsection (B) of this Section, Exemptions.
   (B)   Exemptions.
      (1)   Threshold. 
         (a)   Residential development that cumulatively disturbs less than one acre and is not part of a larger common plan of development or sale, and non-residential development that cumulatively disturbs less than one-half acre and is not part of a larger common plan of development or sale is exempt from the provisions of this Ordinance.
         (b)   Redevelopment outside the floodplain that results in no net increase in built-upon area and provides equal or greater stormwater control than the previous development is exempt from the provisions of this Ordinance.
         (c)   Redevelopment of residential structures that results in no net increase in built-upon area and provides equal or greater stormwater control than the previous development is exempt from the provisions of this Ordinance whether or not within the floodplain.
         (d)   Redevelopment of non-residential structures that disturbs less than one-half acre, that is not part of a larger common plan of development or sale, that is within the floodplain, and that results in no net increase in built-upon area and provides equal or greater stormwater control than the previous development is exempt from the provisions of this Ordinance.
         (e)   Development and redevelopment that disturb less than a stated area threshold are not exempt if such activities are part of a larger common plan of development or sale that exceeds the area threshold, even though multiple, separate or distinct activities take place at different times on different schedules.
      (2)   General exemption.  Activities that are exempt from permit requirements of Section 404 of the Federal Clean Water Act as specified in 40 CFR 232 (primarily, ongoing farming and forestry activities) are exempt from the provisions of this Ordinance.
   (C)   No development or redevelopment until compliance and permit.  No development or redevelopment shall occur except in compliance with the provisions of this Ordinance or unless exempted. No development for which a permit is required pursuant to this Ordinance shall occur except in compliance with the provisions, conditions, and limitations of the permit.
   (D)   Map. 
      (1)   The provisions of this Ordinance shall apply within the areas designated on the map titled "Stormwater Map of City of Monroe, North Carolina" ("the Stormwater Map"), which is adopted simultaneously herewith. The Stormwater Map and all explanatory matter contained thereon accompanies and is hereby made a part of this Ordinance.
      (2)   The Stormwater Map shall be kept on file by the Stormwater Administrator and shall be updated to take into account changes in the land area covered by this Ordinance and the geographic location of all structural BMPs permitted under this Ordinance. In the event of a dispute, the applicability of this Ordinance 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. O-2007-24, passed 9-18-07)