(a) Applicability. From and after the effective date of this chapter (Ordinance 1978-47, passed May 18, 1978), the provisions hereof shall be applicable as follows:
(1) Where a developer has received approval of a preliminary plan for a major subdivision and the final plat has not been approved by Council, the developer or the owner of the subdivision shall comply with all the provisions of this chapter.
(2) Where a developer has received approval of the final plat of a major subdivision by Council, the developer or the owner of each vacant sublot who has not made application for a building permit shall comply with the provisions of Section 1111.01
(b).
(3) Where a developer has received approval, prior to the adoption of this chapter (Ordinance 1978-47, passed May 18, 1978), of the final plat of a major subdivision by Council and the ordinance adopted by Council provides for the payment of a total storm drainage charge of five hundred dollars ($500.00) per sublot before a building permit is issued for construction on such sublot, the developer or the owner shall be exempt from the provisions of this chapter.
(4) This chapter shall be applicable to developers in all other cases where land is to be developed, except where specifically exempted from the provisions of this chapter.
(b) Exemptions.
(1) Farms. The developer or the owner of land or his agent developing or using land for the growing of crops, flowers, fruit or nursery stock for sale, in the natural soil unenclosed by any structure other than a fence, shall be exempt from the provisions of this chapter. Such exemption shall be limited to the area of land, designated by the owner and approved by the Planning Commission, which is to be used to grow such crops, flowers, fruit or nursery stock. The area used for the homesite, barns, shed or accessory building shall be subject to Section 1111.01
(a) and (b).
(2) Golf courses. The developer or the owner of land or his agent developing or using land in an outdoor area designed for the playing of golf, as defined in the Zoning Code, shall be exempt from the provisions of Section 1111.01
(a) and (b). Such exemption, however, shall be limited to the land area for which the actual use of the area is designated for greens, fairways and roughs and adjacent thereto within the geographic area of the golf course.
The developer, owner or his agent shall be entitled to such exemption to the above described areas on condition that the developer, owner or his agent further reduces the run-off from the total golf course land area after development to one-half of the existing storm water run-off using a twenty- five year design storm of two-hour duration by the construction of on-site retardation basins or other storm water controls. The land area of the golf course which is to be used for the clubhouse, proshop and parking, as shown on the development plan approved by the Planning Commission, shall be subject to the provisions of Section 1111.01
(b).
(3) Governmental agency recreation areas. Governmental agencies, in the development of land areas to be used for recreational purposes, shall be exempt from the provisions of Section 1111.01(b).
(Ord. 1978-47. Passed 5-18-78.)
(4) Redevelopment. Any new development area of one (1) acre or more being performed on previously developed property shall be exempt from the provisions of Section 1111.01
(b) provided the new development results in a twenty percent (20%) net reduction of the new site impervious area, provide for treatment of at least twenty percent (20%) of the “water quality volume”, or a combination of the two. Where projects are a combination of the new development and redevelopment, the total water quality volume that must be treated shall be calculated by a weighted average based on acreage, with the new development at 100 percent water quality volume and redevelopment at twenty percent (20%) water quality volume.
(Ord. 2010-164. Passed 12-2-10.)
(c) Phasing Developments. Any developer or owner of real property in the City, or the agent of either, having a tract of land consisting in area of five acres or more, may, with the approval of the Planning Commission, develop his real property in phases, provided that such developer, owner or agent complies with the provisions and conditions of this chapter as they apply to the area of the property to be developed in the phase approved for development by the Planning Commission.
(Ord. 1978-47. Passed 5-18-78.)