A.
Unless exempted as set forth in § 189-6, this chapter shall apply to any land development activity, as defined in § 189-4, involving land disturbance of equal to or greater than 5,000 square feet including land disturbance that is part of a larger common plan of development or sale and totals 5,000 square feet or more.
B.
The provisions of this chapter shall not apply to any project that
has been physically completed prior to the effective date of this
chapter.
C.
A project that was approved prior to the effective date of this chapter,
but which is not in conformity with the provisions of this chapter,
may be continued subject to the following:
(1)
All such activities shall continue to be governed by the present
regulations of the Town of Lewisboro.
(2)
No such activity shall be expanded, changed, enlarged or altered
without compliance with this chapter.
(3)
If such activity is discontinued for 12 consecutive months, any resumption
of the activity shall conform to this chapter.
(4)
If any use or activity is destroyed by human activities, a force
of nature or an act of God, it shall not be resumed except in conformity
with the provisions of this chapter.
The following activities and uses shall be exempt from the provisions
of this chapter and may be conducted without approval of a Town stormwater
permit, to the extent that they are not prohibited by this chapter
or any other law, ordinance, rule or regulation:
A.
Agricultural activity as defined in this chapter.
B.
Silvicultural activities for which a forest management program has
been approved by the Town and/or NYSDEC, except that landing areas
and log haul roads are subject to the provisions of this chapter.
C.
Routine maintenance activities, as defined in this chapter, that
disturb less than five acres, to be determined in consultation with
the SMO, and are performed to maintain the original line and grade,
hydraulic capacity or original purpose of a facility.
D.
Repairs to any stormwater management practice or facility deemed
necessary by the SMO in consultation with the Town Engineer.
E.
Land development activities for which a building permit has been
approved on or before the effective date of this chapter.
F.
Emergency activity immediately necessary to protect life, property
or natural resources.
G.
Cemetery graves.
H.
Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles, excluding telecommunications towers as defined and regulated in Chapter 220, Zoning, of the Code of the Town of Lewisboro.
I.
Activities of an individual engaging in residential home gardening
by growing flowers, vegetable and other plants primarily for the use
by that person and his or her family.
J.
Landscaping and horticultural activities in connection with an existing
structure.
