(A) General. Beginning with and subsequent to its effective date, this chapter 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 division (B) below.
(B) Exemptions.
(1) Development that cumulatively disturbs less than one acre and is not part of a larger common plan of development or sale is exempt from the provisions of this chapter.
(2) Redevelopment that cumulatively disturbs less than one acre and is not part of a larger common plan of development or sale is exempt from the provisions of this chapter.
(3) Development and redevelopment that disturb less than one acre are not exempt if such activities are part of a larger common plan of development or sale, even though multiple, separate or distinct activities take place at different times on different schedules.
(4) Activities that are exempt from permit requirements of Section 404 of the federal Clean Water Act, as specified in 40 C.F.R. 232 (primarily, ongoing farming and forestry activities), are exempt from the provisions of this chapter.
(C) No development or redevelopment until compliance and permit.
(1) No development or redevelopment shall occur except in compliance with the provisions of this chapter or unless exempted.
(2) No development for which a permit is required pursuant to this chapter shall occur except in compliance with the provisions, conditions and limitations of the permit.
(D) Map.
(1) The provisions of this chapter shall apply within the areas designated on the map titled “Phase II Stormwater Map of Town of Winterville, North Carolina” (“the storm water map”), which is adopted simultaneously herewith. The storm water map and all explanatory matter contained thereon accompanies and is hereby made a part of this chapter.
(2) The storm water map shall be kept on file by the Storm Water Administrator and shall be updated to take into account changes in the land area covered by this chapter, and the geographic location of all structural BMPs permitted under this chapter. In the event of a dispute, the applicability of this chapter 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. 14-O-312, passed 7-14-2014)