(A) Effective date. This chapter shall take effect immediately upon its passage and publication according to law.
(B) The standards contained in this chapter shall be the minimum standards for the issues covered by this chapter for any land altering activity in the CCWMO. All land altering activities shall conform to the standards in this chapter unless specifically exempted below. For long term land altering activity that does not have a defined start and stop timeframe (such as routine agricultural activity), standards under other state and federal programs may apply. Some projects or activities fall below the thresholds that require formal review and approval process. The fact that formal review and approval is not required does not excuse these activities from compliance with this chapter.
(C)
The following activities shall not be subject to the requirements of this chapter or to the specific requirement as shown below. Activities exempt from a specific requirement may still be subject to other requirements in this chapter.
(1) Routine agricultural activity. Tilling, planting, harvesting, and associated activities. Other agricultural activities are not exempt such as feedlots, storage sheds;
(2) Emergency work to protect life, limb, or property;
(3) Installation of fence, sign, telephone, electric or other kinds of posts or poles;
(4) Utility maintenance and horizontal drilling projects that are part of a larger plan of development;
(5) Construction or replacement of crossings that are not in contact with watercourses as defined in these rules;
(6) Downstream facility exemption. A project is exempt from the rate control, water quality, and volume control standards of this chapter upon determination by the county that a downstream facility is in place or has been ordered and the facility is designed with adequate capacity to meet the treatment requirements for the project;
(7) Projects consisting of mill and overlay activities, pavement rehabilitation, pavement reclamation, and normal road maintenance are exempt from the rate control, water quality, and volume control requirements of this chapter;
(8) New trails or sidewalk projects that create impervious surfaces 12 feet or less in width, are created independently from linear projects, and will be bordered on the downgradient side(s) by a pervious buffer averaging at least one-half the width of the sidewalk or trail are exempt from the rate control, water quality and volume control requirements of this chapter;
(9) Reconstruction projects that reduce cumulative site impervious by 10% or more are exempt from the rate control, water quality, and volume control requirements of this chapter;
(10) Individual residential lots that are part of a common plan of development with an approved stormwater or erosion and sediment control permit shall not require an individual permit unless an individual permit was required under the approval conditions for the common plan of development; and
(11) Projects which extend drainage conveyance pipes and other crossings which do not significantly alter the hydraulic drainage characteristics of the crossing (e.g., do not result in changes to the two-, ten-, and/or 100-year hydraulic profile, flow capacity, invert elevations, upstream and downstream water elevations).
(D) For previously approved projects, the conditions which require permit review and reapproval are described below:
(1) If the amount of impervious surface approved in the stormwater permit increases, a new stormwater permit shall be required and the project shall meet the rules in place at the time of re- application;
(2) If 18 months have passed since the date of approval without construction activity on the site or if 18 months have passed since the last construction activity on the site, permit review and reapproval are required;
(3) Common plan of development. Individual commercial or industrial lots or phases of a residential development that are part of a common plan of development that has received an approved stormwater permit from the county on or before the effective date of this chapter shall be required to obtain a permit as described below:
(a) If previously approved stormwater infrastructure has been fully constructed and/or alterations will not result in reductions in approved treatment amounts, a new erosion control permit shall be obtained. Verification that the stormwater treatment infrastructure is functioning shall be required.
(b) If previously approved stormwater treatment infrastructure has not been constructed, a new stormwater permit shall be obtained. The project shall meet standards in place at the time of re-application.
(4) Projects proposed for replatting. Projects with a previously approved stormwater permit that are proposed for replatting shall be required to obtain a permit as described below:
(a) If previously approved stormwater treatment infrastructure has been fully constructed or alterations will not result in reductions in approved treatment amounts, if the stormwater treatment infrastructure is functioning as designed, and the amount of proposed impervious surface remains the same or decreases, the project will be considered exempt from the current stormwater treatment requirements and a new erosion control permit shall be obtained.
(b) If previously approved stormwater treatment infrastructure has not been constructed, a new stormwater permit shall meet standards in place at the time of re-application.
(Ord. 57-2005, passed 1-10-06; Am. Ord. 75-2012, passed 6-26-12; Am. Ord. 83-2016, passed 9-20-16; Am. Ord. 99-2022, passed 6-28-22)