§ 53.104 APPLICABILITY AND JURISDICTION.
   (A)   General. Beginning with and subsequent to its effective date, this subchapter shall be applicable to all development and redevelopment, including, but not limited to, site plan applications, subdivision applications, and grading applications, within the corporate and extra territorial jurisdictional limits unless exempt pursuant to this subchapter.
   (B)   Exemptions.
      (1)   Single-family and duplex residential and recreational development and redevelopment that cumulatively disturbs less than one-half acre in the Falls Lake Watershed or one acre within the rest of the City's jurisdiction or docs not increase the built upon area of the site and is not part of a larger common plan of development or sale is exempt from the provisions of this subchapter. This exemption does not exist for the Water Supply Watershed Standards within the city’s jurisdiction.
      (2)   Commercial, industrial, institutional, multifamily residential or local government development and redevelopment that cumulatively disturbs less than 12,000 square feet in the Falls Lake Watershed or one acre within the rest of the city’s jurisdiction or does not increase the built upon area of the site and is not part of a larger common plan of development or sale is exempt from the provisions of this subchapter. This exemption does not exist for the Water Supply Watershed Standards within the city’s jurisdiction.
      (3)   Development and redevelopment 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.
      (4)   Development that is 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 subchapter.
      (5)   Redevelopment projects that are exempt from this subchapter must provide equal or greater stormwater control than the previous development.
      (6)   All subdivisions must be reviewed by the Stormwater Administrator prior to recording by the Register of Deeds to determine whether or not the property/project is subject to this subchapter.
   (C)   No development of redevelopment until compliance and permit. No development or redevelopment shall occur except in compliance with the provisions of this subchapter or unless exempted. No development or redevelopment for which a permit is required pursuant to this subchapter shall occur except in compliance with the provisions, conditions, and limitations of the permit.
   (D)   Map.  
      (1)   The provisions of this subchapter shall apply within the areas designated on the map titled “Stormwater Map of City of Roxboro, 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 subchapter. The stormwater map will contain two different designations, within Falls Lake watershed and outside of Falls Lake Watershed. Falls Lake and Water Supply Watershed standards will apply within the Falls Lake watershed and the Phase II standards will apply to all areas of the map.
      (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 subchapter and the geographic location of all engineered stormwater control permitted under this chapter. In the event of a dispute, the applicability of this subchapter 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. passed 6-12-12)