Sec. 12. As used in this chapter, "small construction activity site" means:
(1) a site at which construction activities result in land disturbance of at least one (1) but less than five (5) acres; or
(2) a site:
(A) at which construction activities result in land disturbance of less than one (1) acre; but
(B) that is part of a larger common plan of development or sale in which construction activities will ultimately result in land disturbance of at least one (1) but less than five (5) acres.