§ 82-91. Applicability and jurisdiction.

(a)

General. Beginning with and subsequent to the effective date of the ordinance from which this article is derived, this article 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 subsection (b) of this section.

(b)

Exemptions. The following development and redevelopment activities are exempt from the provisions of this article. Even if exempt from the provisions of this article, the following as well as all development activity shall not divert water to adjacent property to cause a nuisance and/or property damage and should comply with the intent of this article:

(1)

Residential 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 article.

(2)

Nonresidential development that cumulatively disturbs less than one-half acre and is not part of a larger common plan of development or sale is exempt from the provisions of this article.

(3)

Redevelopment that results in no net increase in built-upon area and provides equal to or greater stormwater control than the previous development is exempt from the provisions of this article.

(4)

Development and redevelopment that disturb less than a stated area threshold 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.

(5)

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 article.

(c)

No development or redevelopment until compliance and permit issued. No development or redevelopment shall occur except in compliance with the provisions of this article or unless exempted. No development for which a permit is required pursuant to this article shall occur except in compliance with the provisions, conditions, and limitations of the permit.

(d)

Map. The provisions of this article shall apply within the areas designated on the map titled "Phase II Stormwater Map of The Town of Hope Mills, North Carolina" ("the stormwater map"), which is adopted simultaneously herewith. The stormwater map and all explanatory matter contained thereon accompanies and is hereby made a part of this article. The stormwater map shall be kept on file by the stormwater administrator and shall be updated to take into account changes in the land area covered by this article and the geographic location of all structural BMPs permitted under this article. In the event of a dispute, the applicability of this article to a particular area of land or BMP shall be determined by reference to the state statutes, the state administrative code, and local zoning ordinances.

(Code 1999, § 67-74; Ord. of 1-22-2008, § 1; Ord. of 9-20-2010, § 1)