§ 86-5. Exemptions.

The following activities may be exempt from review under this chapter:

A. 

Agricultural activity as defined in this chapter.

B. 

Routine maintenance activities that disturb less than two acres and are performed to maintain the original line and grade, hydraulic capacity or original purpose of a facility.

C. 

Repairs to any stormwater management practice or facility deemed necessary by the Stormwater Management Officer.

D. 

Any part of a subdivision if a plat for the subdivision has been approved by the Planning Board of the Town of Brookhaven on or before the effective date of this chapter.

E. 

Land development activities for which a building permit has been approved on or before the effective date of this chapter.

F. 

Cemetery graves.

G. 

Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles.

H. 

Emergency measure immediately necessary to protect life, property or natural resources. The Stormwater Management Officer shall be notified in writing within 48 hours of the commencement of the emergency. The Stormwater Management Officer shall review and determine the sufficiency of the emergency measure and advise the landowner and/or developer if additional protective measures are required.

I. 

Activities of an individual engaging in home gardening by growing flowers, vegetable and other plants primarily for use by that person and his or her family.

J. 

Landscaping and horticultural activities in connection with an existing structure.

K. 

Resurfacing or repair of an existing paved surface, which does not decrease the permeability of the paved surface, nor expand the area of pavement.