SECTION 15.04     APPLICABILITY AND JURISDICTION.

(1)      APPLICABILITY.

[a]        Except as provided under par. (b), this ordinance applies to any construction site as defined under Section 15.05 (5).

[b]        This ordinance does not apply to any of the following:

1.      Transportation facilities, except transportation facility construction projects that are part of a larger common plan of development such as local roads within a residential or industrial

2.      The construction of a building that is otherwise regulated by the Wisconsin Department of Safety and Professional Services (DSPS) in Chs. SPS 320 to 325, or SPS 361 to 366, Wis. Adm. Code.

3.      A construction project that is exempted by federal statutes or regulations from the requirement to have a national pollutant discharge elimination system permit issued under ch. 40, Code of Federal Regulations, part 122, for land disturbing construction activity.

4.      Nonpoint discharges from agricultural facilities and

5.      Nonpoint discharges from silviculture

6.      Routine maintenance for project sites that have less than 5 acres of land disturbance if performed to maintain the original line and grade, hydraulic capacity, or original purpose of the

[c]          Notwithstanding the applicability requirements in par. (a), this ordinance applies to construction sites of any size that, as determined by the Village Engineer, are likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water, that causes undue channel erosion, or that increases water pollution by scouring or transporting of particulate.

(2)      JURISDICTION.

This ordinance applies to land disturbing construction activity on lands within the boundaries and jurisdiction of the Village of River Hills;

(3)      EXCLUSIONS.

This ordinance is not applicable to activities conducted by a state agency, as defined under s. 227.01 (1), Wis. Stats.