§ 5.05.02. Prohibitions and exemptions.  


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  • Section 5.05.02.1 Prohibitions.

    No person may develop or make any change in the use of land or construct a structure or change the size of a structure, except as exempted herein, without submission and approval of a stormwater management plan as provided herein. For the purpose of this section, the development may potentially alter or disrupt existing stormwater runoff patterns, and as such, will, unless exempted below, require submission and approval of a stormwater management plan prior to the commencement of construction, includes, but is not limited to:

    1.

    Clearing and/or drainage of land as an adjunct to construction.

    2.

    Clearing and/or draining of nonagricultural land for agricultural purposes.

    3.

    Converting agricultural lands to nonagricultural uses.

    4.

    Subdividing land.

    5.

    Replatting recorded subdivisions and the development of recorded and unrecorded subdivisions.

    6.

    Changing the use of land and/or the construction of a structure or a change in the size of one or more structures.

    7.

    Altering the shoreline or bank of any surface water body.

    8.

    The permanent (long period) lowering of the water table.

    9.

    Addition of impervious or semi-impervious area.

    Section 5.05.02.2 Exemptions.

    The following activities shall be exempt from this section unless as hereinafter required by the land development regulations:

    1.

    Single-family and duplex residence and accessory structures except for the Mirror Lake Watershed Overlay District.

    2.

    Any maintenance, alteration, renewal, use or improvement to an existing structure not changing or affecting rate or volume of stormwater runoff.

    3.

    Bona fide agricultural zoning classifications, including forestry, except where an artificial drainage system will be used to increase the flow of surface water from the applicant's land.

    4.

    Maintenance work performed on existing drainage canals for the purpose of public health and welfare.

    5.

    Maintenance work on utility or transportation systems, provided such maintenance work does not alter the purpose and intent of the drainage system as constructed.

(Ord. No. 2005-07, § 1, 4-28-05; Ord. No. 2007-12, § 6, 6-14-07)