Section 12A-87 Applicability


(a)     This article shall apply to all developments that alter the surface of the land with the exceptions and exemptions set forth in subsections (b), (c), (d) and (e).  

    (b)    Attached and detached single-family residences, farmland and domestic gardens are exempt from the provisions of this article.
    
    (c)    The following exceptions apply to this article when the development of the site results in a land disturbance of less than one (1) acre and is not a part of a larger common plan of development or sale that would disturb one (1) acre or more:

    (1)    Lots within an approved preliminary plat or final plat used for single-family and two-family residences and land disturbance on an individual residential building lot;

     (2)    Land disturbances of less than ten thousand (10,000) square feet that do not create more than five hundred (500) square feet of additional impervious surface;

    (3)    Maintenance and repair of impervious surface, including gravel and stone impervious surfaces; and

    (4)    Redevelopment of a site less than one (1) acre.

    (d)    Redevelopment on a site of one (1) acre or more , or that is a highly impervious surface site, is eligible for partial exceptions from the requirements of this article, as set out in the stormwater manual, if the redevelopment , or highly impervious surface site :

    (1)    Does not have an adverse impact on any mapped critical downstream location; and

    (2)    Incorporates water quality protection ; and
    
    (3)    Does not reduce any BMPs or stormwater management controls that includes performance standards, effective level of service, and runoff rates and volumes; and

(4)    Increases water quality and performance standards with each development over time.

The director shall track, map, add and remove known critical downstream locations and make this information available to the public.  The director shall set forth criteria in the stormwater manual that details the partial exemption under this subsection.

    ( e )    Stormwater management shall be provided  in accordance with the conceptual stormwater management plan in zoning districts PUD, O-P, C-P, M-R and M-P, for which a conceptual stormwater management plan was approved before September 4, 2007 , or land in any other zoning district for which a site plan was approved before September 4 2007, unless a revision to the plan for the site is requested which adversely impacts the storm water discharge  from the site.  An “adverse impact” is one that significantly increases the volume of stormwater discharge from the site, decreases the water quality of the storm water discharge, or redirects the storm water discharge in a manner that results in downstream stormwater drainage impacts that would not have occurred with the original plan.  Approvals for stormwater plans approved before August 20, 2012 shall expire on January 1, 2016 for sites on which the planned work has not commenced.  Approval of all stormwater plans approved on or after August 20, 2012 shall expire seven (7) years after the date of approval if the planned work has not commenced .

(Ord. No. 13019, § 1, 7-1-91; Ord. No. 13859 § 1, 11-15-93; Ord. No. 19442, § 2, 3-5-07; Ord. No. 21407, §1, 9-4-12; Ord. No. 21473, § 1, 10-15-12)


(Ord. 21473, Amended, 10/15/2012, Prior Text; Ord. 21407, Amended, 09/04/2012, Prior Text; Ord. 19442, Repealed and Replaced, 03/05/2007, Prior Text)