§ 154.02 APPLICATION.
   (A)   Except as otherwise provided herein, the provisions of this subchapter shall apply to each of the following:
      (1)   Any development activity that creates 10,000 square-feet or more of impervious surface area; provided that, single-family residential and duplex residential development which does not meet the requirements of division (A)(3) below shall be exempt;
      (2)   All new development which qualifies as either high density or multi-unit development under the criteria set forth in this chapter; and
      (3)   All new major subdivisions, as defined under the town’s subdivision regulations.
   (B)   In applying the provisions of this subchapter, the cumulative area of the proposed development activity and all development activity which has occurred on the site within a two-year period immediately preceding the date of an application for a zoning or conditional use permit shall be considered together.
   (C)   Whenever a site is redeveloped as set forth in divisions (A)(1), (A)(2) or (A)(3) above, storm water management shall be provided in accordance with the provisions of this subchapter for the entire site, even if the redevelopment activity results in less impervious area than previously existed on the site. Whenever a building or a structure on a site is redeveloped, as defined in this subchapter, or is completely replaced, the total impervious area shall be calculated to include both the impervious area from the new construction as well as any impervious area remaining from the previous development.
   (D)   Whenever a site or a building is expanded, as set forth in divisions (A)(1), (A)(2) or (A)(3) above, the expanded portion of the site or building shall comply with this subchapter. Whenever the expansion equals or exceeds 50% of the existing development, the entire project shall be required to comply with this provision. The expansion of an existing development may not be broken up into phases or sections in order to circumvent this requirement.
(Prior Code, § 52.02) (Ord. passed - -1997)