§ 26-74. Applicability and jurisdiction.

(a)

General. Beginning with and subsequent to its effective date, this article shall be applicable to:

(1)

All development or redevelopment unless exempt pursuant to subsection (b) of this section; and

(2)

Development or redevelopment that disturb less than one acre and does not add 10,000 square feet or more of built-upon area 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.

(b)

Exemptions. The following are exempt from the provisions of this article:

(1)

Development that cumulatively disturbs less than one acre, does not add 10,000 square feet or more of built-upon area and is not part of a larger common plan of development or sale;

(2)

Redevelopment that cumulatively disturbs less than one acre, does not add 10,000 square feet or more of built-upon area and is not part of a larger common plan of development or sale; or

(3)

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).

(c)

No development or redevelopment until compliance and permit. 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 Town of Leland, North Carolina" ("the stormwater map"), which is adopted simultaneously herewith. The stormwater map and all explanatory matter contained thereon accompany and are 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 and jurisdictional boundary ordinances.

(Code 2003, § 32-5; Ord. No. 09-05, 3-19-2009)