§ 6.05.03. Exemptions.

The following development activities are exempt from these stormwater management requirements, except that steps to control erosion and sedimentation must be taken for all development:

(1)

Any development within a subdivision if each of the following conditions have been met:

a.

Stormwater management provisions for the subdivision were previously approved and remain valid as part of a final plat or development plan; and

b.

The development is conducted in accordance with the stormwater management provisions submitted with the final plat or development plan.

(2)

Bona fide agricultural activity, including forestry, provided farming activities are conducted in accordance with the requirements set forth in an approved Soil Conservation Service conservation plan and forestry activities are conducted in accordance with the Silviculture Best Management Practices (BMP) Manual (1979) published by the state division of forestry. If the conservation plan and forestry BMPs are not implemented accordingly, this exemption shall become void and a stormwater permit shall be required.

(3)

Maintenance activity that does not change or affect the quality, rate, volume or location of stormwater flow on the site or of stormwater runoff.

(4)

Action taken under emergency conditions to prevent imminent harm or danger to persons, or to protect property from imminent fire, violent storms, hurricanes or other hazards. A report of the emergency action shall be made to the town as soon as practicable in writing.

(Ord. No. 91-6, § 3(6.05.03), 2-11-1992; Ord. No. 94-2, § 1(a), 2-8-1994)