(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) of this section.
(B) Exemptions.
(1) Development that cumulatively disturbs less than 20,000 square feet and is not part of a larger common plan of development or sale is exempt from the provisions of this chapter. This exemption does not relieve any development from Neuse Buffer Rules or other applicable federal, state or local laws.
(2) Redevelopment that cumulatively disturbs less than 20,000 square feet and is not part of a larger common plan of development or sale is exempt from the provisions of this chapter. This exemption does not relieve any development from Ncuse Buffer Rules or other applicable federal, state or local laws.
(3) Development and redevelopment that disturb less than 20,000 square feet are not exempt if such activities are part of a larger common plan of 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 CFR 232 (primarily, ongoing farming and forestry activities) are exempt from the provisions of this chapter.
(5) No development or redevelopment until compliance and permit.
(6) No development or redevelopment shall occur except in compliance with the provisions of this chapter or unless exempted. 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.
(C) Map. The provisions of this chapter shall apply within the areas designated as the municipal incorporated area and extraterritorial jurisdiction on the town’s official zoning map, which is adopted simultaneously herewith. The zoning map shall be kept on file by the town and shall be amended from time to time to include changes in the land area covered by 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. 2010-27, passed 1-6-2010)