Land Development

The Land Development Code defines “development or development activity" as "The carrying out of any building activity or mining operation, the making of any material change in the use or appearance of any structure or land, or the dividing of land into two or more parcels."

The following activities or uses shall be considered to involve "development":

  • Construction, reconstruction, alteration of the site, or material, change in the external appearance of a structure on land, filling, grading, paving, or otherwise significantly disturbing the soil of a site.
  • A change in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on land or a material increase in the number of businesses, manufacturing establishments, offices, or dwelling units in a structure or on land.
  • Alteration of a shore or bank of a seacoast, river, stream, lake, pond, or canal, including any coastal construction.
  • Commencement of drilling (except to obtain soil samples), mining, or excavation on a parcel of land.
  • Demolition of a structure.
  • Clearing of land.
  • Deposit of refuse, solid or liquid waste, or fill on a parcel of land.
  • Building, installing, enlarging, replacing or substantially restoring a structure, impervious surface, or water management system, and including the long-term storage of materials.
  • Subdividing land into two or more parcels.
  • A tree removal for which authorization is required under this Code.
  • Erection of a permanent sign unless expressly exempted.
  • Alteration of a historic property for which authorization is required.
  • Changing the use of a site so that the need for parking is increased.
  • Construction, elimination or alteration of a driveway onto a public street.

The following operations or uses shall not be taken for the purpose of this chapter to involve "development" as defined in this section:

  • Work by a highway or road agency for the maintenance or improvement of a road if the work is carried out on land within the boundaries of the right-of-way.
  • Work by any utility and other persons engaged in the distribution or transmission of gas or water to inspect, repair, renew, or construct on established rights-of-way any sewers, mains, pipes, cables, utility tunnels, powerlines, towers, poles, tracks, or the like.
  • Work for the maintenance, renewal, improvement, or alteration of any structure, if the work affects only the interior or the color of the structure or the decoration of the exterior of the structure.
  • The use of any structure or land devoted to dwelling uses for any purpose customarily incidental to enjoyment of the dwelling.
  • The use of any land for growing plants.
  • A change in the ownership or form of ownership of any parcel or structure.
  • The creation or termination of rights of access, riparian rights, easements, covenants concerning development of land, or other rights in land.
The term "development", as used in the Land Development Code includes all other development customarily associated with it unless otherwise specified. When appropriate to the context, "development" refers to the act of developing or to the result of development. Reference to any specific operation is not intended to mean that the operation or activity, when part of other operations or activities are not development.