eLaws | eCases | North Carolina Administrative Code | North Carolina Courts | Counties & Cities of North Carolina | Code of Federal Regulations | United States Code |
 Burlington
 Code of Ordinances
 Appendix D. STORMWATER ORDINANCE
 Section 1. GENERAL PROVISIONS

  § 1-105. Applicability and Jurisdiction  

Latest version.

  • (A)

    General. Beginning with and subsequent to its effective date, this ordinance shall be applicable to all development and redevelopment, including, but not limited to, site plan applications, subdivision applications, and land disturbing activity applications, unless exempt pursuant to Subsection (B) of this Section, Exemptions.

    (B)

    Exemptions.

    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 ordinance.

    Redevelopment 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 ordinance.

    Development and redevelopment that disturb less than one acre 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.

    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 ordinance.

    (C)

    No Development or Redevelopment Until Compliance and Permit. No development or redevelopment shall occur except in compliance with the provisions of this ordinance or unless exempted. No development for which a permit is required pursuant to this ordinance shall occur except in compliance with the provisions, conditions, and limitations of the permit.

    (D)

    Map. The provisions of this ordinance shall apply within the areas designated on the map titled "Phase II Stormwater Map of City of Burlington, North Carolina" ("the Stormwater Map"), which is being prepared at the time of adoption of this ordinance and shall be presented for adoption at the time of completion. The Stormwater Map and all explanatory matter contained thereon accompanies and is hereby made a part of this ordinance.

    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 ordinance and the geographic location of all structural BMPs permitted under this ordinance. In the event of a dispute, the applicability of this ordinance 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.