(A) Title. This subchapter shall be known as the “Water Quality Management Ordinance” for the City of Pewee Valley (“the city”), Kentucky, and may be so cited.
(B) Purpose. The purpose of this subchapter is to provide regulations and measures that will address water quality in the city and to establish procedures by which these requirements are to be administered and enforced.
(C) Jurisdiction.
(1) The laws of the Commonwealth of Kentucky shall apply to this subchapter.
(2) This subchapter shall govern all properties within the jurisdictional boundaries of the city.
(3) This subchapter is applicable to all new development and redevelopment activities that result in any land-disturbing activities that result in the disturbance of 20,000 square feet or more of land; except that the provisions herein relating to post-construction shall only be triggered when the disturbed area is grater than one acre. Although a permit is not required for any land disturbance over 2,000 square feet but disturb less than 20,000 square feet, the landowner must nevertheless follow Best Management Practices.
(4) Adherence to this subchapter in no way circumvents or eliminates the requirements of the state or federal regulations. Permits may be required by the Kentucky Division of Water and/or the United States Army Corps of Engineers.
(D) Exemptions. The following activities are exempt from the provisions of this subchapter.
(1) Agricultural and silviculture (woodland production) operations according to an Agricultural Water Quality Plan approved by the City Conservation District or approved as required in the Kentucky Agricultural Water Quality Plan developed in accordance with the Kentucky Agricultural Water Quality Authority.
(2) Land reclamation projects regulated by the Kentucky State Department for Surface Mining Reclamation and Enforcement.
(3) Additions or modifications to existing detached single-family dwellings and redevelopment or renovation that does not disturb more than 2,000 square feet of land.
(4) Minor land disturbing activities that disturb 2,000 square feet or less of land area, and not within 50 feet of a drainage way.
(5) Usual and customary site investigation and surveying activities, such as soil testing, rock coring, test pits, boundary and topographical surveying, monitoring wells and archaeological excavation, 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.
(6) 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:
(a) Preliminary site investigations that have been planned to minimize the amount of clearing required;
(b) Clearing shall follow proposed roadway centerlines and shall not result in clear access way of more than 20 feet in width; and
(c) 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 city.
(Ord. 2009-1, passed 5-4-2009)